AKAMAI TECHNOLOGIES, INC. v. LIMELIGHT NETWORKS, INC. , No. 09-1372 (Fed. Cir. 2015)

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This opinion or order relates to an opinion or order originally issued on December 20, 2010.

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NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ AKAMAI TECHNOLOGIES, INC., THE MASSACHUSETTS INSTITUTE OF TECHNOLOGY, Plaintiffs-Appellants v. LIMELIGHT NETWORKS, INC., Defendant-Cross-Appellant ______________________ 2009-1372, 2009-1380, 2009-1416, 2009-1417, ______________________ Appeals from the United States District Court for the District of Massachusetts in Nos. 06-CV-11585, 06-CV11109, Judge Rya W. Zobel. ______________________ ON PETITION FOR REHEARING EN BANC ______________________ Before PROST, Chief Judge, NEWMAN, LOURIE, LINN, DYK, MOORE, O’MALLEY, REYNA, WALLACH, and HUGHES, Circuit Judges. * Circuit Judges Taranto, Chen, and Stoll did not participate. * 2 AKAMAI TECHNOLOGIES, INC. v. LIMELIGHT NETWORKS, INC. PER CURIAM. ORDER A petition for rehearing en banc was filed by Plaintiffs-Appellants Akamai Technologies, Inc. and The Massachusetts Institute of Technology and a response thereto was invited by the court and filed by Limelight Networks, Inc. The petition for rehearing was considered by the panel that heard the appeal, and thereafter the petition for rehearing en banc, response, and briefs of amici curiae were referred to the circuit judges who are authorized to request a poll of whether to rehear the appeal en banc. A poll was requested and taken, and the court has decided that the appeal warrants en banc consideration. Upon consideration thereof, IT IS ORDERED THAT: (1) The petition for rehearing en banc filed by Akamai Technologies, Inc. and The Massachusetts Institute of Technology is granted. (2) The court’s opinion of May 13, 2015, is vacated, the court’s en banc opinion is issued herewith, and the case is returned to the merits panel for further proceedings. FOR THE COURT August 13, 2015 Date /s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court

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