Gurvey v. Live Nation Entertainment, Inc.

Gurvey v. Live Nation Entertainment, Inc. The Federal Circuit affirmed the Central District of California's dismissal of Ms. Gurvey's patent-related complaint. She never opposed the motions to dismiss despite an extension, so the arguments she raised on appeal were waived. Failing to oppose a motion to dismiss in the district court forfeits the substantive arguments on appeal, and the court will not excuse that failure for a pro se litigant who is an experienced attorney. Affirmed. Ms. Gurvey, pro se, asserted patents on a ticketing and sports betting management system against many defendants in C.D. Cal. She has a long history of related suits in federal and state courts. She did not file timely oppositions to the motions to dismiss. The district court extended her deadline to February 2, 2024, and she still filed none. The district court granted the motions as to all defendants except Baker Botts on September 27, 2024. On March 13, 2025 it denied reconsideration and granted Baker Botts' motion on the merits under the Noerr-Pennington doctrine. The Federal Circuit rejected her claim that the dismissal was sua sponte, because the court granted unopposed motions after repeated chances to respond. Her substantive arguments, raised first on appeal, were waived. The court declined leniency for a pro se litigant because she is a California attorney well acquainted with trial court litigation. As to Baker Botts, she also waived any challenge to the Noerr-Pennington finding. waiver / forfeiture infringement non-precedential waiver / forfeiture infringement non-precedential waiver / forfeiture