The California Air Resources Board is asking the U.S. Supreme Court to reject an inventor's bid to revive a suit accusing the state government agency of infringing a patent for awarding "pollution credits" to environmentally conscious citizens.Sowinski v. California Air Resources Board, No. 20-1339, opposition brief filed, 2021 WL 2210899 (U.S. May 24, 2021).In its brief opposing certiorari, GARB says inventor Richard Sowinski's plea to overthrow the Kessler doctrine is misplaced, because the preclusion doctrine did not play a part in any decision to dismiss his infringement allegations.The Kessler doctrine bars a patent holder who loses an infringement suit from subsequently asserting the same patents against the winning party or its customers.The U.S. Court of Appeals for the Federal Circuit found Sowinski was precluded from suing the agency twice. Sowinski v. California Air Resources Board, 971 F.3d 1371 (Fed. Cir. 2020).
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