Fed. Circ. Says Earlier Suit Bars Calif. Cap-And-Trade IP Case

Law360 (August 21, 2020, 8:27 PM EDT) -- The Federal Circuit on Friday backed a lower court's dismissal of an inventor's 2018 suit alleging the California Air Resources Board infringed his patent with the state's cap-and-trade program, saying it was barred by a 2015 case over the same issues that was permanently thrown out.

Richard Sowinski, who invented a method to validate and trade pollution tax-control credits, called it "manifestly unjust" to bar the suit since the 2015 case was tossed on procedural grounds when he didn't respond to a motion to dismiss, and so the court never addressed the merits. But the Federal Circuit rejected that argument, saying...

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