Rosebud LMS Inc. v. Adobe Systems Incorporated, No. 15-1428 (Fed. Cir. Feb. 9, 2016)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

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.