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Tag Archives: adobe

Pre-Issuance Damages for Patent Infringement – A Very Rare Remedy

Posted in Patent Law

The Federal Circuit Court of Appeals recently addressed an issue of first impression: what is the “actual notice” required under 35 U.S.C. §154(d) for a patent owner to recover damages for a defendant’s infringing conduct that occurred before the patent issued? Most people assume that a plaintiff cannot recover damages for patent infringement for infringing… Continue Reading

Copyright Infringement and the First Sale Defense

Posted in Copyright Law

The Ninth Circuit’s recent decision in the case of Dolby Systems, Inc. v. Christenson, focuses primarily on the issue of which party bears the initial burden of proof with regard to a “first sale” defense in a copyright infringement action. As the reader will see, however, this case really provides a cautionary tale as to… Continue Reading