No. 2015-1428.

812 F.3d 1070 (2016)

ROSEBUD LMS INC., dba Rosebud PLM, Plaintiff-Appellant v. ADOBE SYSTEMS INCORPORATED, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 9, 2016.

Attorney(s) appearing for the Case

Justin Chen , Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C., Houston, TX, argued for plaintiff-appellant. Also represented by Jane Langdell Robinson ; Andrew W. Spangler , Spangler Law PC, Longview, TX.

Michael Berta , Arnold & Porter LLP, San Francisco, CA, argued for defendant-appellee. Also represented by Maulik Girish Shah.

Before MOORE, HUGHES, and STOLL, Circuit Judges.

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

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