This morning the Federal Circuit issued a precedential opinion in a veterans case addressing GI Bill education benefits. The court also issued a nonprecedential order in a patent infringement case granting a petition for a writ of mandamus ordering the Western District of Texas to transfer the case to the Northern District of California. Finally, the court released a Rule 36 judgment. Here are the introductions to the opinion and order and a link to the Rule 36 judgment.
Ridisill v. McDonough (Precedential)
The United States Court of Appeals for Veterans Claims (“Veterans Court”) held that a veteran with multiple periods of qualifying military service is entitled to GI Bill education benefits for each period of service, subject to the legislated limit of a total of 48 aggregate months of education benefits. Applying this holding to veteran James R. Rudisill, the Veterans Court held that he is not limited to the total of 36 months of education benefits set by the Montgomery GI Bill (“Montgomery” or “MGIB”) and applicable to his first period of qualifying service, when he also qualifies for later education benefits under a later bill—the Post-9/11 GI Bill. That is, he is entitled to the total of 48 months of aggregate benefits. The Secretary of Veterans Affairs (“Secretary”) appeals. On appellate review, we affirm the decision of the Veterans Court.
In Re Uber Technologies, Inc. (Nonprecedential Order)
In this patent infringement case brought by Ikorongo Technology LLC and Ikorongo Texas LLC (collectively, “Ikorongo”), the United States District Court for the Western District of Texas denied Uber Technologies, Inc.’s motion to transfer to the United States District Court for the Northern District of California under 28 U.S.C. § 1404(a). Uber seeks a writ of mandamus directing transfer.
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IT IS ORDERED THAT:
The petition for a writ of mandamus is granted. The district court’s May 26, 2021 order denying transfer is vacated, and the district court is directed to grant Uber’s motion to the extent that the case is transferred to the United States District Court for the Northern District of California under 28 U.S.C. § 1404(a).