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Rosebud versus Adobe

Federal Circuit holds Actual Notice, not Constructive Notice, is Required to Collect Reasonable Royalties under 35 U. S. C. Section 154 (d)

In Rosebud LMS INC. v. Adobe Systems Incorporated (CAFC, 2015-1428, February 9, 2016) the Court of Appeals for the Federal Circuit (CAFC) affirmed the District Court’s grant of summary judgment that Adobe Systems Inc. was not liable for pre-issuance damages under 3 5 U. S. C. Section 154 (d). Rosebud filed three suits against Adobe […]

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Federal Circuit Clarifies Standard for Defendants Seeking Award of Attorney’s Fees

On December 26, 2013, the U.S. Court of Appeals for the Federal Circuit decided Kilopass Technology, Inc. v. Sidense Corporation, (Case No. 2013-1193). In this case, the defendant-appellant, Sidense Corporation (Sidense), had appealed from the district court’s denial of its motion for attorney’s fees under 35 U.S.C. § 285. In its opinion, written by Judge O’Malley, […]

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Federal Circuit Reverses $21 Million East Texas Judgment Against Nintendo

In Anascape LTD., v. Nintendo of America, Inc., 2008-1500 (Fed. Circ., April 13, 2010), the Federal Circuit (“CAFC”) reversed the US District Court for the Eastern District of Texas, which held that certain Wii, Wavebird and GameCube Nintendo video game controllers infringed US Patent 6,906,700 (“the ‘700 patent”).  The District Court decision awarded $21 million […]

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Hold on to your Blackberrry – More Damages to pay?

As you may recall, in 2006 Research in Motion (RIM), the owner of Blackberry, paid $612.5 million to patent owner NTP to settle a patent infringement lawsuit.The US 4th Circuit Court of Appeals, in Richmond, VA in September heard a Freedom of Information Act (“FOIA”) based lawsuit filed by NTP.  The lawsuit is intended to […]

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