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…

Introduction Many, if not most of you are probably aware of the newly enacted America Invents Act (AIA).  The AIA is major patent legislation that includes significant changes to American patent law.  It was signed into law on September 16, 2011.  This report provides a summary of the most important provisions that are included in…

In THE FOREST GROUP, INC., v. BON TOOL COMPANY, et al., the Court of Appeals for The Federal Circuit (“CAFC”) has held that under 35 USC §292, the fine for falsely marking an item as patented must be imposed on a per article basis, as opposed to a “per decision to mark” basis.  The defendants had…

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