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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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U.S Supreme Court Will Review Standard for Induced Infringement of a Claimed Method When Infringement is Split Among Multiple Parties

On January 10, 2014, the U.S. Supreme Court granted certiorari in Limelight Networks, Inc. v. Akamai Technologies, Inc. The petitioner in the case, Limelight Networks (Limelight), appealed from the en banc opinion of the U.S. Court of Appeals for the Federal Circuit in Akamai Technologies, Inc. v. Limelight Networks, Inc. and McKesson Technologies, Inc. v. […]

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Federal Circuit Affirms Jury Verdict of Invalidity for Lack of Written Description in Spinal Disc Case

In October, the U.S. Court of Appeals for the Federal Circuit issued an opinion in Synthes USA, LLC and Depuy Synthes Products, LLC. v. Spinal Kinetics, Inc.,_F.3d _ (Fed. Cir. 2013). Synthes USA and Depuy Synthes Products (Synthes), the plaintiffs-appellants, appealed from a jury verdict of non-infringement of U.S. Patent No. 7,429,270 (270 patent) and […]

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Federal Circuit Explains That Summary Judgment can be Delayed When Additional Discovery is Essential to Opposition

On May 7, 2013, the U.S. Court of Appeals for the Federal Circuit decided Baron Services Inc. v. Media Weather Innovations LLC. __F.3d __ (Fed. Cir. 2013). The plaintiff-appellant, Baron Services, appealed from a district court order that awarded summary judgment of non-infringement and attorney’s fees to Media Weather Innovations. The Federal Circuit vacated the […]

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Federal Circuit Applies Collateral Estoppel to Patent Claim Terms Not Previously Construed

On April 19, 2013, the U.S. Court of Appeals for the Federal Circuit decided Aspex Eyewear & Contour Optik Inc. v. Zenni Optical LLC. (Fed. Cir. 2013). Aspex Eyewear, the plaintiff-appellent, appealed a decision of the U.S. District Court for the Southern District of Florida that collateral estoppel precluded its patent infringement lawsuit against Zenni […]

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