Matthew Dowd successfully briefed and argued a case of first impression before the U.S. Court of Federal Claims. The case involves takings claims under the Fifth Amendment of the U.S. Constitution. The federal government, as defendant, had moved for summary judgment and argued that the takings claims of the plaintiffs (who are represented by Dowd Scheffel PLLC of Washington, D.C., and Wesley Higbie, Esq., of Sausalito, CA) were foreclosed. The Court of Federal Claims rejec
The Vanderbilt Journal of Entertainment and Technology Law published an article written by Matthew Dowd. The article is entitled “Rule 36 Decisions at the Federal Circuit: Statutory Authority.” It argues that the Federal Circuit’s use of Rule 36 affirmances and rendering of decisions without an opinion are entirely within the authority and discretion of the court.
The Criterion Journal on Innovation published an article authored by by Chief Judge Paul Michel (ret.) of the Federal Circuit and Matthew Dowd of Dowd Scheffel PLLC. The article, titled Understanding the Errors of eBay, offered a critical analysis of the Supreme Court's decision in eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (2006), and the adverse effects the decision has had on intellectual property during the past ten years. The article can be viewed here.