Legal Opinion

Rosebud Lms Inc. v. Adobe Systems Incorporated

Court of Appeals for the Federal Circuit

Decided February 9, 2016No. 2015-1428PublishedCited by 9 opinions

1Opinion of the Court

MOORE, Circuit Judge.

Rosebud LMS Inc. appeals from the district court’s grant of summary judgment that Adobe Systems Inc. was not liable for pre-issuance damages under 35 U.S.C. § 154(d) because it had no actual notice of the published patent application that led to asserted U.S. Patent No. 8,578,-280. For the reasons discussed below, we affirm.

Background

Rosebud has filed three suits against Adobe for patent infringement. Rosebud first sued Adobe for infringing U.S. Patent No. 7,454,760 in 2010, in a suit that was dismissed more than three years before this case was filed. Rosebud LMS Inc. v.…

2Cases cited6 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Nicini v. MorraCourt of Appeals for the Third Circuit · 2000
  3. Norman Shelton v. Bryan BledsoeCourt of Appeals for the Third Circuit · 2015
  4. Amsted Industries Incorporated, Plaintiff/cross-Appellant v. Buckeye Steel Castings CompanyCourt of Appeals for the Federal Circuit · 1994
  5. Dunlap v. SchofieldSupreme Court of the United States · 1894

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Baxter Healthcare Corp. v. Mylan Labs. Ltd.District Court, D. New Jersey · 2016
  2. Arctic Cat Inc. v. Bombardier Recreational Prods., Inc.District Court, S.D. Florida · 2018
  3. Aqua EZ, Inc. v. Resh, Inc.District Court, N.D. Georgia · 2024
  4. Dali Wireless, Inc. v. Corning Optical Communications LLCDistrict Court, N.D. California · 2022
  5. Iccs USA Corporation v. United StatesCourt of Appeals for the Federal Circuit · 2020

4 more not listed; retrieve them via the Exa API.

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