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): August 22, 2002
Akamai Technologies, Inc.
| Delaware (State or other Juris- diction of Incorporation) |
0-27275 (Commission File Number) |
04-3432319 (IRS Employer Identification No.) |
| 500 Technology Square, Cambridge, Massachusetts (Address of Principal Executive Offices) |
02139 (Zip Code) |
Registrant’s telephone number, including area code: (617) 250-3000
Item 7. Financial Statements, Pro Forma Financial Information and Exhibits.
(c) Exhibits. The following exhibits are being filed herewith.
| Exhibit No. | Description | |
| 99.1 | Akamai Technologies, Inc. Press Release dated August 22, 2002. |
Item 9. Regulation FD Disclosure
In a press release issued on August 22, 2002, Akamai Technologies, Inc., a Delaware corporation (“Akamai” or “we”), announced the following:
In an order dated August 21, 2002, the Federal District Court in Boston enjoined Cable & Wireless Internet Services, Inc. from making, using, selling, offering for sale, or importing into the United States, the patented inventions of Claims 1, 3, 5, and 9 of Akamai’s U.S. Patent No. 6,108,703, and from active inducement of infringement of these claims. The Court’s Order enjoined Cable & Wireless’s Footprint 2.0 service as configured and described at trial. That service was recently rebranded under the Exodus name.
Akamai intends to seek damages for the infringement of this patent. No damages trial date has been set and there can be no certainty when, or if, such trial will occur. If and when the Court schedules a damages trial, we expect that each party will retain a damages expert and undertake detailed fact discovery concerning the nature and amount of the damages. Given the complexity of proving patent damages, it is not possible to predict the outcome of any damages trial. Based on our preliminary and internal analysis for the two-year period since the patent issued, we believe that we may seek to prove a nine-figure damages amount.
A copy of the press release issued by Akamai is included as Exhibit 99.1 to this Form 8-K.
This Form 8-K contains forward-looking statements within the meaning of Section 21E of the Securities Exchange Act of 1934, as amended, including our expectations with respect to a damages trial and any damages we may seek to prove. Actual results may differ materially from those indicated by these forward-looking statements as a result of various important factors including, but not limited to, the inability of Akamai to accurately assess potential damages in the damages trial, the complexity of intellectual property matters and our ability to protect our intellectual property rights and inventions from third party challenges and other factors that are discussed in the Company’s Annual Report on Form 10-K, Quarterly Reports on Form 10-Q and other documents periodically filed with the SEC.
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SIGNATURE
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.
Date: August 23, 2002
| AKAMAI TECHNOLOGIES, INC. |
| By: /s/ Kathryn Jorden Meyer Kathryn Jorden Meyer Vice President, General Counsel and Secretary |
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EXHIBIT INDEX
| Exhibit No. | Description | |
| 99.1 | Akamai Technologies, Inc. Press Release dated August 22, 2002. |
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EXHIBIT 99.1
FOR IMMEDIATE RELEASE
| Contacts: Jeff Young Media Relations Akamai Technologies 617-444-3913 jyoung@akamai.com |
—or— | J.C. Raby Investor Relations Akamai Technologies 617-444-2555 jraby@akamai.com |
COURT AWARDS AKAMAI BROAD PERMANENT INJUNCTION
AGAINST CABLE & WIRELESS
Cable & Wireless ordered to immediately and permanently shut down
Digital Island Footprint 2.0 service
CAMBRIDGE, Mass. – August 22, 2002 – Akamai Technologies, Inc. (NASDAQ: AKAM) today announced that the Federal District Court in Boston has enjoined Cable & Wireless Internet Services, Inc. from making, using, selling, offering for sale, or importing into the United States, the patented inventions of Claims 1, 3, 5, and 9 of U.S. Patent No. 6,108,703, and from active inducement of infringement of these claims. The Court’s Order requires Cable & Wireless to shut down Digital Island’s Footprint 2.0 service as configured and described at trial. That service was recently rebranded under the Exodus name.
“This major victory vindicates our patent rights and the value of Akamai’s industry-leading technology,” said George Conrades, chairman and CEO of Akamai. “We will now turn our attention to seeking full compensation from Cable & Wireless for the long-standing infringement of this patent.”
“The injunction is very broad, and we do not believe that Cable & Wireless’s post-trial attempts to design around these claims have succeeded,” added David Judson, Akamai’s patent counsel. “If Cable & Wireless continues to operate its infringing content delivery service, we will seek to hold them in contempt of the Court’s Order.”
About Akamai
Akamai is the leading provider of edge computing solutions, delivering secure content and distributed applications across the Internet, intranets, and extranets. These solutions enable customers to achieve optimal results from their e-business initiatives, thereby reducing the cost of ownership, improving return on investment, and creating new revenue streams. Akamai’s globally distributed edge computing platform comprises more
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than 12,900 servers in more than 1,000 networks in 66 countries, ensuring the highest levels of availability, reliability, and performance. Headquartered in Cambridge, Massachusetts, Akamai provides services and world-class customer care to hundreds of successful enterprises, government entities, and leading e-businesses worldwide. For more information, visit www.akamai.com.
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Akamai Statement Under the Private Securities Litigation Reform Act
The release contains information about future expectations, plans and prospects of Akamai’s management that constitute forward-looking statements for purposes of the safe harbor provisions under The Private Securities Litigation Reform Act of 1995. Actual results may differ materially from those indicated by these forward-looking statements as a result of various important factors including, but not limited to, the dependence on Akamai’s Internet content delivery service, a failure of its network infrastructure, the complexity of its service and the networks on which the service is deployed, the failure to obtain access to transmission capacity, our ability to protect our intellectual property rights and inventions from third party challenges and other factors that are discussed in the Company’s Annual Report on Form 10-K and other documents periodically filed with the SEC.
©2002 Akamai Technologies, Inc.
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