Description: Lawsuit—the second one brought by this plaintiff—alleging that California cap-and-trade program infringed on patent held by plaintiff.
Sowinski v. California Air Resources Board
Filing Date Type File Action Taken Summary 08/21/2020 Opinion Download Dismissal affirmed. Federal Circuit Affirmed Dismissal of Second Case Charging CARB with Patent Infringement. The Federal Circuit Court of Appeals affirmed the dismissal on res judicata grounds of a second lawsuit brought by an individual who claimed that the California Air Resources Board’s (CARB’s) cap-and-trade program infringed on a patent he held. In 2016, a district court dismissed the plaintiff’s first case with prejudice because the plaintiff failed to oppose motions to dismiss. The Federal Circuit affirmed dismissal in 2017. In this second case, the Federal Circuit concluded that the district court properly applied preclusion since the plaintiff asserted the same acts of infringement.