Justia Education Law Opinion Summaries

Articles Posted in US Court of Appeals for the Federal Circuit
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Under the GI Bill, the VA provides monetary benefits to veterans enrolled in “approved” “course[s] of education,” 38 U.S.C. 3483. Approval must be provided by the state approving agency (SAA) for the state where the educational institution is located. For online courses, the educational institution must obtain approval from the SAA where the institution’s “main campus” is located. The VA may discontinue educational assistance, after following certain procedures, if this requirement is not met. Ashford is a for-profit educational institution that provides online courses to veterans and others. In November 2017, the VA sent a Cure Letter to Ashford stating that Ashford’s online courses were not approved by the correct SAA, expressing its “inten[t] to suspend payment of educational assistance and suspend approval of new enrollments and re-enrollments [for Ashford’s online programs] in 60 days unless corrective action is taken.” The Letter noted the availability of a hearing before the Committee on Educational Allowances. Ashford sought review, contending that the Cure Letter “announces” new “rules” and that 38 U.S.C. 502 provided the court with jurisdiction to review those alleged rules. The Federal Circuit dismissed the petition, finding that the Cure Letter is not rulemaking or any other reviewable action; it is also not a final agency action under the Administrative Procedure Act. View "Ashford University, LLC v. Secretary of Veterans Affairs" on Justia Law

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On inter partes review of ATI’s “Unified Shader Patents,” LGE cited multiple prior references. A “shader” as used in this field is a computer-implemented system that specifies how a computer-graphics three-dimensional image is generated and presented on a two-dimensional screen. ATI argued that the invention in each of the three patents preceded the primary reference dates for that patent. In conformity with 37 C.F.R. 1.131, ATI presented evidence of conception, reduction to practice, and diligence for each patent. the Patent Trial and Appeal Board held all but one of the challenged claims unpatentable as anticipated or obvious, The Board held that ATI had not established actual reduction to practice and had not established diligence to constructive reduction to practice, for all three patents. The Federal Circuit reversed, concluding that the Board erred in its application of the law of diligence and that on the correct law, diligence was shown, thereby antedating the relevant references. The undisputed rulings established conception and constructive reduction to practice. View "ATI Technologies ULC v. Iancu" on Justia Law