(United States Federal Circuit) - Vacated and remanded the trial court's ruling for plaintiff which had sued the US for additional grant money for alternative energy projects under the American Recovery and Reinvestment Act. The US appealed arguing that it had overpaid plaintiff. In vacating, the appellate court found that the trial court erred in finding for the plaintiff and it remanded to re-examine the government’s calculation method.

(United States Federal Circuit) - Affirmed the trial court's decision which had denied Plaintiff's challenge to the Patent Board’s denial of its patent. The government sought to recover costs and attorney’s fees under section 145 of the Patent Act. The trial court held that costs may be recovered under section 145, but not attorney fees.

(United States Federal Circuit) - Reinstated a patent infringement claim relating to a design for a portable animal kennel. The patent owner insisted it should not be estopped by prosecution history from asserting its infringement claim against a competitor. Agreeing that estoppel did not apply, the Federal Circuit reversed the district court's judgment on the pleadings and remanded for further proceedings.

(United States Federal Circuit) - Affirmed that a veteran's surviving spouse who had litigated over certain benefits was not entitled to an award of attorney fees. The spouse of a deceased World War II veteran argued that she had prevailed on her benefit claims and thus was entitled to recover her attorney fees pursuant to the Equal Access to Justice Act. On appeal from the U.S. Court of Appeals for Veterans Claims, the Federal Circuit held that she had not obtained a sufficiently successful result to qualify as a prevailing party for purposes of the attorney fee statute.

(United States Federal Circuit) - Vacated in part and affirmed in part. Plaintiff owns patents for making flameless candles. The Patent Trial and Appeal Board held that certain claims by plaintiff were unpatentable and some claims were time barred. The Federal Circuit vacated the time barred decision as to one of the claims and affirmed the Board’s decision as to the other claims.

(United States Federal Circuit) - Affirmed in part, reversed in part, and vacated in part. Plaintiff brought a patent infringement action. A jury found that the defendant infringed on both asserted claims and that neither claim was invalid. The Federal Circuit Court of Appeals affirmed some of plaintiff’s infringement claims, but stated that plaintiff’s theory of infringement of other claims was inadequate to support the judgment of infringement and therefore reversed on that claim.

(United States Federal Circuit) - Denied petitions for writ of mandamus. Plaintiff sought a writ challenging the decision of the Patent Trial and Appeal Board denying the institution of inter partes review of claims from three patents owned by Semiconductor Components industries, LLC.

(United States Federal Circuit) - Affirmed the dismissal of a federally recognized Indian tribe's lawsuit seeking damages and injunctive relief for the alleged taking and mismanagement of its water rights. The Crow Creek Sioux Tribe filed suit against the federal government seeking to enforce its water rights on its reservation located along the Missouri River in South Dakota. Agreeing with the U.S. Court of Federal Claims, the Federal Circuit held that the tribe failed to allege an injury in fact, because there was no allegation that the tribe lacked sufficient water to fulfill the purposes of the reservation.

(United States Federal Circuit) - Held that the U.S. government did not breach its obligations under a settlement arising out of injuries to a child born at a military hospital. The parents brought this suit alleging that the government was contractually liable because the settlement provided for the purchase of several annuities that would make periodic damages payments, but in 2012 the issuer of the annuities was liquidated and the payments were substantially reduced. Affirming summary judgment for the government, the Federal Circuit held that the settlement agreement did not obligate the government to act as a guarantor of the future periodic annuity payments.

(United States Federal Circuit) - Vacated Patent Trial and Appeal Board decisions invalidating three patents relating to videogame software. The patentee contended that the petitions for inter partes review were time-barred because an alleged real party in interest had been served with a complaint alleging infringement over one year prior to the IPRs' filing dates. Finding possible merit in this argument, the Federal Circuit vacated and remanded for further proceedings.

(United States Fifth Circuit) - Denied. The fourth federal habeas corpus petition and fifth motion to stay execution of a man convicted as a minor of capital murder were denied because they failed to meet the strict requirements imposed on successive petitions.

(WV Supreme Court of Appeals) - No. 18-0408

(WV Supreme Court of Appeals) - No. 18-0653

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