February 9, 2016 / 11:08 PM / 4 years ago

Adobe escapes patent damages as Federal Circuit clarifies notice requirement

Software maker Adobe Systems Inc did not have knowledge of a patent application made by a New York-based software maker and therefore cannot be liable for infringement, the U.S. Court of Appeals for the Federal Circuit ruled on Tuesday.

A three-judge panel unanimously found that Adobe, represented by Arnold & Porter, did not have proper “actual notice” of the application, as required by the Patent Act, which allows for patent royalties dating back to when an application is published, so long as the notice requirement is fulfilled.

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