UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
 
 

FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of
the Securities Exchange Act of 1934
 
 

Date of Report (Date of earliest event reported):
January 26, 2016
LIMELIGHT NETWORKS, INC.
(Exact name of Registrant as specified in its charter)
 
 

 
 
 
 
 
 
Delaware
 
001-33508
 
20-1677033
(State or other jurisdiction of
incorporation or organization)
 
(Commission
File Number)
 
(I.R.S. Employer
Identification Number)
222 South Mill Avenue, 8th Floor
Tempe, AZ 85281
(Address, including zip code, of principal executive offices)
(602) 850-5000
(Registrant’s telephone number, including area code)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
 
¨
Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
 
¨
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
 
¨
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
 
¨
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
 
 
 

 




Item 8.01.
Other Events
On January 26, 2016, Limelight Networks, Inc. (the “Company”) filed a petition of certiorari with the United States Supreme Court seeking review of the Federal Circuit’s decision to reinstate the 2008 jury verdict that the Company infringed an Akamai patent. A copy of the press release is furnished as Exhibit 99.1 herewith.
 
Item 9.01.
Financial Statements and Exhibits
(d) Exhibits.
 
 
 
 
Exhibit
Number
 
Description
99.1
 
Limelight Networks, Inc. Press Release dated January 26, 2016 (furnished herewith).








SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
 
 
 
 
 
 
 
 
 
 
 
 
 
LIMELIGHT NETWORKS, INC.
 
 
 
 
 
 
Dated: January 26, 2016
 
 
 
By:
 
/s/ Michael DiSanto
 
 
 
 
 
 
 
Michael DiSanto
SVP, Chief Administrative and Legal Officer & Secretary

 
 
 
 
 
 
 
 








EXHIBIT INDEX
 
 
 
 
Exhibit
Number
 
Description
99.1
 
Limelight Networks, Inc. Press Release dated January 26, 2016 (furnished herewith).







Limelight Networks Files Petition to the Supreme Court of the United States

TEMPE, Ariz. January 26, 2016 Limelight Networks (Nasdaq:LLNW), a global leader in digital content delivery, is seeking review by the Supreme Court of the United States of the Federal Circuit’s decision to reinstate the 2008 jury verdict that Limelight infringed an Akamai patent. Limelight filed its petition with the Supreme Court earlier today.

Limelight believes that the Federal Circuit’s newly created conduct-attribution standard improperly expands the scope of liability in a fashion that was neither intended by Congress nor consistent with prior legal precedent. As the petition notes, prior to the August 2015 decision to reinstate the jury verdict, the Federal Circuit repeatedly ruled that the district court had correctly determined that Limelight did not infringe Akamai's patent. The court gave no adequate explanation for its sudden reversal.  

“The court’s decision to abandon longstanding, clear and easy-to-follow rules of engagement in favor of an ambiguous ‘particular facts presented’ standard for infringement liability deprives parties of fair notice concerning the scope of patent protection and ensures a significant increase in needlessly burdensome litigation throughout the technology world,” said Bob Lento, Limelight’s chief executive officer. “We are hopeful that the Supreme Court will address this issue of extraordinary importance and reverse the Federal Circuit’s rootless and erroneous standard. While we continue to pursue all available options, I want to thank our customers, peers in the industry and employees for their support. We remain focused on improving our operational and financial performance and will report our full year results on February 9th.”


About Limelight
Limelight Networks Inc., (NASDAQ: LLNW), a global leader in digital content delivery, empowers customers to better engage online audiences by enabling them to securely manage and globally deliver digital content, on any device. The company’s award winning Limelight Orchestrate™ platform includes an integrated suite of content delivery technology and services that helps organizations secure digital content, deliver exceptional multi-screen experiences, improve brand awareness, drive revenue, and enhance customer relationships — all while reducing costs. For more information, please visit www.limelight.com, read our blog, follow us on Twitter , Facebook and LinkedIn and be sure to visit Limelight Connect.
Investor inquiries:
ir@llnw.com



Press Contact:
famaPR on behalf of Limelight Networks
Ted Weismann, 617-986-5009

limelight@famapr.com

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