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Federal Court Finds Digital Island First Inventor of Internet Content Delivery Network Technology

Jury Invalidates Core Aspects of Akamai Content Delivery Patent (December 26, 2001)
A U.S. District Court jury last week found that Digital Island is the first inventor of Internet content delivery network (CDN) technology. By this finding, the jury invalidated key claims of Akamai's U.S. Patent 6,108,703 -- the basis for their FreeFlow content delivery product. The same jury found that Digital Island's Footprint system does not infringe Akamai's client-side-testing patent (U.S. Patent 6,003,030) acquired in its purchase of InterVu, Inc.

"This is very good news for us," said Digital Island CEO and President, Ruann F. Ernst. "Not only did the jury decide that critical aspects of the Akamai patent are invalid, but they found them invalid because Digital Island had invented them first."

The jury also found that certain legacy aspects of Digital Island's Footprint Version 1.0 caching service infringe on minor aspects of Akamai's '703 patent. "Our customers will not be affected by the jury's verdict," said Ernst. "Digital Island will continue business as usual."

The jury also found that Akamai does not infringe on Digital Island's content delivery network Truename patent, which covers ways to ensure that only the freshest information is served to Web sites and ways to optimize content storage by avoiding duplication of information.

This month's trial is one aspect of what is expected to be a multi-year effort to protect Digital Island's intellectual property and defend its status as the first inventor of CDN technology. Digital Island expects to appeal any adverse decisions affecting its intellectual property to the Federal Circuit Court of Appeals. In addition, Digital Island is seeking redress on several patent validity issues before the U.S. Patent and Trademark Office (PTO). The jury's finding of Akamai's invalidity bolsters Digital Island's position before the PTO as it seeks additional patent protection as the inventor of Content-Delivery Technology.

"As the first inventor of content delivery network technology, we will continue to vigorously defend our achievements and intellectual property on all fronts," said Ernst.

U.S. District Court Judge Rya W. Zobel is expected to schedule further hearings in January.

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Related Keywords:Akamai, Digital Island, Federal court, Internet, Freeflow, digital webcast, webcasting, webcast, distribution


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