February 10, 2016
Authored and Edited by Christopher B. McKinley; Elizabeth D. Ferrill; Lauren J. Dreyer
In Rosebud LMS v. Adobe Sys., No. 2015-1428 (Fed. Cir. Feb. 9, 2016), the Federal Circuit affirmed summary judgment that Rosebud was not entitled to pre-issuance damages because Adobe had no actual notice of the published patent application via its knowledge of a parent application.
Rosebud sued Adobe for infringement, and Adobe moved for summary judgment on lack of damages. Adobe argued there were no pre-issuance damages because Adobe had no actual knowledge of the published patent application. Rosebud argued that the patent-in-suit was a continuation in a family of patents involved in two prior infringement suits against Adobe. So Adobe had actual knowledge of the parent patents and, according to Rosebud, would have searched for related patents and applications in the family. On appeal, the Federal Circuit held that knowledge of a parent patent did not provide actual notice of a child patent because the claims of the two patents differ. Because no evidence showed that Adobe monitored Rosebud’s products or patent activity, and the prior suits never reached the construction phase, no reasonable inference could be drawn that Adobe’s attorneys searched for applications and patents related to the parents.
Copyright © 2016 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.
DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.
Hybrid Conference
2024 Patent Law Institute: Critical Issues & Best Practices
September 30 - October 1, 2024
New York
Webinar
September 10, 2024
Webinar
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.