ELR Citation: 48 ELR 20003
No(s). 17-1219 (Fed. Cir. Dec 18, 2017)

The Federal Circuit held that the state of California did not infringe on an emissions trading-related patent, allowing the state's greenhouse gas emissions cap-and-trade program to continue. The plaintiff owns a U.S. patent that covers a method and apparatus for using electronic systems to claim and trade pollution offset credits; he sued the California Air Resources Board, which administers the state’s cap-and-trade program, for infringing his patent. The state defendants filed motions to dismiss, each of which went unopposed, and the suit was dismissed. The plaintiff filed a motion for reconsideration that was denied. The appellate court affirmed the denial, holding that failure to oppose a motion to dismiss can be interpreted as consent to the dismissal.