`Filed on behalf of Akamai Technologies, Inc.
`By: Grant Rowan, Reg. No. 41,278
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Ave., NW
`Washington, DC 20006
`Tel: (202) 663-6000
`Email: Grant.Rowan@wilmerhale.com
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`AKAMAI TECHNOLOGIES, INC.,
`Petitioner,
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`v.
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`LIMELIGHT NETWORKS, INC.,
`Patent Owner.
`
`IPR2017-00356
`Patent 8,615,577
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`PETITIONER’S REPLY
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`Petitioner Akamai Technologies, Inc. respectfully submits that all of the
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`IPR2017-00356
`Petitioner’s Reply
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`challenged claims of U.S. Patent No. 8,615,577 (the ’577 patent) are invalid for the
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`reasons already provided in the Petition and supporting materials, as well as for the
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`reasons provided in the Board’s Institution Decision. See Paper No. 10 (Institution
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`Decision); Paper 3 (Petition).
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`Petitioner notes that Patent Owner Limelight Networks, Inc. has not filed a
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`Patent Owner Response in support of its ’577 patent. Patent Owner’s failure to file
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`a Patent Owner Response should be determined to be an abandonment of the
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`contest in this IPR proceeding, which is construed as a request for adverse
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`judgment against the Patent Owner. See Tarsco Bolted Tank Inc. v. Tank
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`Connection LLC, IPR2016-01634, 2017 WL 3671112, at *1 (Aug. 24, 2017)
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`(issuing final written decision entering judgment against the patent owner on all
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`challenged claims and explaining that: “Patent Owner’s lack of response is
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`consistent with abandonment of the contest. Abandonment of the contest is
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`construed as a request for adverse judgement.”); see also 37 C.F.R. § 42.73(b)(4)
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`(“Actions construed to be a request for adverse judgment include: ...
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`[a]bandonment of the contest.”). Given Patent Owner’s failure to file a Patent
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`Owner Response, Petitioner submits that no further proceedings regarding ’577
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`patent are necessary, and all of the challenged ’577 patent claims should be ruled
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`unpatentable.
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`In addition, any argument not raised by Patent Owner in a Patent Owner
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`IPR2017-00356
`Petitioner’s Reply
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`Response is deemed waived. See Paper 11 (Scheduling Order) at 3 (“The patent
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`owner is cautioned that any arguments for patentability not raised in the [patent
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`owner] response will be deemed waived.”); see also SAP Am., Inc. v. Versata Dev.
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`Group, Inc., CBM2012-00001, Paper 81 at 3-4 (Sept. 13, 2013) (determining that
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`Patent Owner had waived arguments in support of its patent by not presenting them
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`in its Patent Owner Response). The challenged ’577 patent claims therefore should
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`also be ruled invalid because Patent Owner has waived any argument challenging
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`the Petition or the Board’s analysis in its Institution Decision.
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`Accordingly, Petitioner respectfully requests that the Board issue its final
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`written decision and enter judgment that all of the challenged claims of the ’577
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`patent are unpatentable.
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`Date: November 21, 2017
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`Respectfully submitted,
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`/ Mary Sooter /
`Mary (Mindy) Sooter
`Reg. No. 71,022
`Wilmer Cutler Pickering Hale and Dorr LLP
`1225 Seventeenth St., Suite 2600
`Denver, CO 80202
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`IPR2017-00356
`Petitioner’s Reply
`CERTIFICATE OF WORD COUNT UNDER 37 C.F.R. § 42.24(d)
`I hereby certify that the foregoing Petitioner’s Reply contains 364 words as
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`measured by the word processing software used to prepare the document, in
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`compliance with 37 C.F.R. § 42.24(d).
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`Date: November 21, 2017
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`/ Adele Frankel/
`Adele Frankel
`Reg. No. 73,597
`Wilmer Cutler Pickering Hale and Dorr LLP
`7 World Trade Center
`250 Greenwich Street
`New York, NY 10007
`(212) 937-7273
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`IPR2017-00356
`Petitioner’s Reply
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`CERTIFICATE OF SERVICE
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`I hereby certify that on November 21, 2017, I caused a true and correct
`copy of the foregoing materials:
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`• Petitioner’s Reply
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`to be served via electronic mail to the attorneys of record at the following
`email addresses:
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`SchindlerB@gtlaw.com
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`BriggsH@gtlaw.com
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`BershL@gtlaw.com
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`MalinoJ@gtlaw.com
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`KapadiaV@gtlaw.com
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`Limelight-iprs@gtlaw.com
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`Date: November 21, 2017
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`Respectfully submitted,
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`/ Adele Frankel /
`Adele Frankel
`Reg. No. 73,597
`Wilmer Cutler Pickering Hale and Dorr LLP
`7 World Trade Center
`250 Greenwich Street
`New York, NY 10007
`(212) 937-7273
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