Sowinski v. California Air Resources Board, No. 19-1558 (Fed. Cir. Aug. 21, 2020)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Dr. Richard Sowinski appeals the dismissal, on the ground of res judicata, of his patent infringement suit against the California Air Resources Board.1 He raises two principal arguments: (1) that res judicata does not apply because his present complaint seeks damages only for in- fringement that occurred after conclusion of his prior suits and (2) that res judicata does not apply because the prior suit was resolved on procedural grounds, without reaching the merits of infringement.