This morning the Federal Circuit issued one precedential opinion in a patent case and one precedential opinion in a Tucker Act case. Here are the introductions to the opinions.
Arctic Cat Inc. v. Bombardier Recreational Products Inc. (Precedential)
Arctic Cat Inc. (“Arctic Cat”) appeals from a judgment of the United States District Court for the Southern District of Florida that Arctic Cat is not entitled to recover pre-complaint damages from Bombardier Recreational Products Inc. (“Bombardier”) due to the failure of Arctic Cat’s licensee to mark products in accordance with 35 U.S.C. § 287. Arctic Cat Inc. v. Bombardier Recreational Prods., 334 F. Supp. 3d 1238, 1240 (S.D. Fla. 2018). Because we agree with the district court that § 287 continues to limit damages after a patentee or licensee ceases sales of unmarked products, and that willful infringement does not establish actual notice under § 287, we affirm.
Fourstar v. United States (Precedential)
Mr. Victor C. Fourstar, Jr., on March 15, 2018, while incarcerated at the Federal Correctional Institution in Florence, Colorado, filed a Tucker Act Complaint in the United States Court of Federal Claims, accompanied by a Motion for Leave to Proceed In Forma Pauperis. Complaint, Fourstar v. United States, No. 18-405-EDK (Fed. Cl. Mar. 15, 2018), ECF No. 1 (“Complaint”); Motion for Leave to Proceed In Forma Pauperis, Fourstar v. United States, No. 18-405-EDK (Fed. Cl. Mar. 15, 2018), ECF No. 5. His complaint asserts that the government is mismanaging certain Indian properties and resources
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He appeals the denial of his motion to proceed in forma pauperis, and dismissal of his complaint. Federal Circuit jurisdiction is pursuant to 28 U.S.C. § 1295(a)(3).
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The Court of Federal Claims reasonably determined that Mr. Fourstar was not subject to the statutory exception to the three-strikes rule. Thus, the court did not abuse its discretion in denying Mr. Fourstar’s request to proceed in forma pauperis. We affirm the decision to dismiss Mr. Fourstar’s complaint without prejudice, when he did not pay the filing fee in the Court of Federal Claims.