At the Federal Circuit – Some patentees might receive preissuance damages

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Abstract: Owners of infringed patents typically are limited to recovering damages that occur after the patent was issued. However, as this article explores, they may also be entitled to damages for infringing conduct that occurs preissuance, but after publication, of the patent application if the accused infringer had “actual notice” of it. The case, Rosebud LMS Inc. v. Adobe Systems Inc., was decided by the Federal Circuit. Rosebud LMS Inc. v. Adobe Systems Inc. 2015-1428, Feb. 9, 2016 (Fed. Cir.)