Rosebud LMS, Inc. d/b/a Rosebud PLM v. Adobe Systems Incorporated, C.A. No. 14-194-SLR, February 5, 2015.
Robinson, J. Defendant’s motion for summary judgment of no remedies is granted.
The parties do not dispute that the accused feature of defendant’s product was discontinued and could not have been used after January 2013 when the patent-in-suit issued. Plaintiff therefore cannot recover post-issuance damages. Plaintiff seeks to recover provisional remedies under 35 U.S.C. § 154(d) based on the publication of the patent application in 2011. The plain language of §154 requires that the alleged infringer have actual notice of the published patent application. None of the evidence relied on by plaintiff identifies the patent application by name. At best it provides constructive notice which is insufficient as a matter of law.
