This is James B. Gehrke's Typepad Profile.
Join Typepad and start following James B. Gehrke's activity
Join Now!
Already a member? Sign In
James B. Gehrke
Wisconsin Advanced Technology Advocates, Inc.
Recent Activity
Gilbert P. Hyatt appeals from the district court’s decision that it lacked subject matter jurisdiction over his Administrative Procedure Act (“APA”) claims against the Patent and Trademark Office (“PTO”) and its acting Director under 5 U.S.C. § 701(a)(2) and, alternatively,... Continue reading
This is a patent case. The University of Central Florida (“University”) is the assignee of U.S. Patent No. 5,547,017 (“the ’017 patent”), titled “Air Distribution Fan Recycling Control.” The patent is licensed to ABT Systems, LLC (“ABT”). ABT and the... Continue reading
JVC Kenwood Corporation (“JVC”) sued Nero, Inc. and Arcsoft, Inc. for contributory and induced infringement (“indirect infringement”) of certain JVC patents directed to various uses of DVD and Blu-ray optical discs. The charge of indirect infringement is based on Nero’s... Continue reading
Google Inc. (“Google”) appeals from the decision of the United States District Court for the District of Delaware granting judgment as a matter of law in favor of Personalized User Model, LLP (“PUM”) and Yochai Konig (“Konig”) (collectively, “Appellees”) on... Continue reading
KAREN NELSON MOORE, Circuit Judge. Are cheerleading uniforms truly cheerleading uniforms without the stripes, chevrons, zigzags, and color blocks? That is the question that strikes at the heart of this appeal. Plaintiffs-Appellants Varsity Brands, Inc., Varsity Spirit Corporation, and Varsity... Continue reading
Posted 5 days ago at Creative Protection
WesternGeco L.L.C. (“WesternGeco”) filed suit against ION Geophysical Corp. (“ION”) for infringement of, inter alia, U.S. Patent Nos. 6,691,038 (“the ’038 patent”), 7,080,607 (“the ’607 patent”), 7,162,967 (“the ’967 patent”), and 7,293,520 (“the ’520 patent”). The jury found infringement and... Continue reading
Depot, Inc., CDW Corporation, Newegg Inc., and PC Connection, Inc. (together, “Appellees”) alleging infringement of U.S. Patent No. 5,544,360 (“the ’360 Patent”), which is directed to a computer filing system for accessing files and data according to user-designated criteria. Specifically,... Continue reading
In this appeal from the grant of a motion to dismiss for failure to state a rule-of-reason claim under Sections 1 and 2 of the Sherman Act under Federal Rule of Civil Procedure 12(b)(6), we are asked to determine whether... Continue reading
Hossein Mohsenzadeh appeals the district court’s entry of summary judgment in favor of the government on the issue of whether the United States Patent and Trademark Office (“PTO”) properly calculated patent term adjustments for two patents that issued from divisional... Continue reading
Cincinnati Sub-Zero Products, Inc. (“CSZ”), the prevailing party in this patent infringement case, appeals the district court’s denial of attorney’s fees under 35 U.S.C. § 285. In holding that this was not an “exceptional case,” the district court found that... Continue reading
This case returns to us on remand from the Supreme Court of the United States and was returned to the panel for reconsideration in light of Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., 574 U.S. ___, 135 S. Ct. 831... Continue reading
Internet Patents Corporation (IPC) appeals the judgments of the United States District Court for the Northern District of California, dismissing the complaints in four related actions for infringement of U.S Patent No. 7,707,505 (the ’505 Patent) on the ground of... Continue reading
G.D. Searle LLC and Pfizer Asia Pacific Pte. Ltd. (collectively, “Pfizer”) appeal from a final judgment entered by the United States District Court for the Eastern District of Virginia. The court invalidated the relevant claims of Pfizer’s reissued U.S. Patent... Continue reading
Appellant Dr. Michael Adolph appeals the claim construction of several terms of U.S. Patent No. 6,356,836 (“the ’836 patent”), for which he is the inventor, by the United States District Court for the Eastern District of Virginia. For the reasons... Continue reading
Petitioners POSCO and its U.S. subsidiary POSCO America Corporation (collectively, “POSCO”) seek a writ of mandamus from an order of the United States District Court for the District of New Jersey modifying the court’s protective order to allow foreign courts... Continue reading
Juice Generation applied to the Patent and Trademark Office to register a mark consisting of “PEACE LOVE AND JUICE” and a design for use with its juice bar services. GS Enterprises opposed the application on the ground that Juice Generation’s... Continue reading
Posted Aug 24, 2015 at Creative Protection
Arrowpoint Capital Corp. (“Capital”) appeals an order of the United States District Court for the District of Delaware denying a preliminary injunction in this action for trademark infringement and unfair competition. Invoking the Lanham Act and Delaware state law, Capital... Continue reading
Posted Aug 24, 2015 at Creative Protection
We are called upon to determine whether the operation of a retailer’s website infringes a trademark because of the manner in which it responds to a shopper’s search request for the trademarked goods. What the website’s response states, together with... Continue reading
Respondent Marvel Entertainment’s corporate predecessor agreed to purchase petitioner Stephen Kimble’s patent for a Spider-Man toy in exchange for a lump sum plus a 3% royalty on future sales. The agreement set no end date for royalties. As the patent... Continue reading
Dr. Ross W. Greene ("Greene") developed a method of treating children with explosive behaviors known as the Collaborative Problem Solving ("CPS") Approach. Greene advanced this method through his work at the Massachusetts General Hospital ("MGH") Department of Psychiatry, his unaffiliated... Continue reading
Posted Aug 5, 2015 at Creative Protection
Plaintiff-Appellant Spear Marketing, Inc. (“SMI”) brought various Texas state law claims against Defendants-Appellees BancorpSouth Bank (“BCS”) and ARGO Data Resource Corp. (“ARGO”) (collectively, “Defendants”) in Texas state court. SMI’s claims related to Defendants’ alleged theft of trade secrets in connection... Continue reading
Posted Aug 5, 2015 at Creative Protection
Under the Copyright Act, cable systems may retransmit over-the-air broadcasts of copyrighted material so long as they pay compulsory royalty fees for using that copyrighted material. The Librarian of Congress supervises the process of collecting, allocating, and distributing those fees.... Continue reading
Posted Aug 5, 2015 at Creative Protection
The defendant appeals from a September 27, 2013, judgment of the United States District Court for the Southern District of New York (Richard J. Sullivan, Judge) granting summary judgment to the plaintiff on its copyright and state‐law claims related to... Continue reading
Posted Aug 5, 2015 at Creative Protection
FLAUM, Circuit Judge. Richard Bell sued various defendants for copyright infringement, accusing each of impermissibly displaying a photo that he owns on websites promoting their respective businesses. Bell’s complaint sought both damages and an injunction prohibiting future use of the... Continue reading
Posted Aug 5, 2015 at Creative Protection
In this architectural copyright infringement action, Plaintiff-Appellant Humphreys & Partners Architects, L.P. (“HPA”) appeals the district court’s entry of summary judgment in favor of Defendants-Appellees Lessard Design, Inc., Lessard Group, Inc., and Christian J. Lessard (collectively, “Lessard”); Clark Builders Group,... Continue reading
Posted Aug 5, 2015 at Creative Protection