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AKAMAI TECH. v. CABLE & WIRELESS INTERNET SERVICES

No. 03-1007.

344 F.3d 1186 (2003)

Akamai Technologies, Inc. and Massachusetts Institute of Technology, Plaintiffs-Appellees, v. Cable & Wireless Internet Services, Inc., Defendant-Appellant, and Kinetech, Inc., Defendant.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied November 13, 2003.

Attorney(s) appearing for the Case

Mark T. Banner, Banner & Witcoff, Ltd., of Chicago, Illinois, argued for plaintiffs-appellees. With him on the brief were Pamela B. Krupka, of Washington, DC; and Aimee M. Boss, of Chicago, Illinois.

Arthur B. Wineburg, Pillsbury Winthrop LLP, of McLean, Virginia, argued for defendant-appellant. With him on the brief were Susan T. Brown, Daniel E. Yonan, of McLean, Virginia, and Brian J. Beatus, of Palo Alto, California. Of counsel were Brian Siritzky, Pillsbury Winthrop, LLP, of McLean, Virginia; and Eileen M. Herlihy and John T. Bennett, Palmer & Dodge LLP, of Boston, Massachusetts.

Before NEWMAN, GAJARSA, and DYK, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 13, 2003.

Opinion for the court by Circuit Judge GAJARSA. Opinion concurring in part and dissenting in part by Circuit Judge PAULINE NEWMAN.

GAJARSA, Circuit Judge.

Defendant-Appellant, Cable & Wireless Internet Services, Inc. ("C & W"), appeals the orders of the United States District Court for the District of Massachusetts: (1) denying C & W's motion for judgment as a matter of law challenging...

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