Sowinski v. California Air Resources Board

The Federal Circuit Court of Appeals affirmed the dismissal of an action alleging that California’s cap-and-trade program for greenhouse gas emissions infringed on a patent held by the plaintiff entitled “Pollution Credit Method Using Electronic Networks.” The plaintiff alleged that the patent describes “an electronic method and apparatus for validating individuals’ applications for pollution reduction credits, assigning a value to the activity associated with each application, and facilitating trading between individuals.” In an unpublished decision, the appellate court found that the district court had not abused its discretion by dismissing the action with prejudice after the plaintiff failed to oppose motions to dismiss filed by the appellees.