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James B. Gehrke
Wisconsin Advanced Technology Advocates, Inc.
Recent Activity
By Mark Johnson Researchers at the University of Wisconsin-Milwaukee will lead a new effort to detect low-frequency gravitational waves, a discovery that would give mankind a new picture of the universe and confirm one of the last unresolved predictions of... Continue reading
This appeal presents the question of whether a third party has the right to challenge, by way of the Administrative Procedure Act (APA), a ruling of the Patent and Trademark Office reviving a patent application that had become abandoned by... Continue reading
Kennametal, Inc. (“Kennametal”) appeals the decision of the Patent Trial and Appeal Board (the “Board”) in an inter partes reexamination of U.S. Patent No. 7,244,519 (the “’519 patent”) in which the Board: (a) entered a new anticipation ground of rejection... Continue reading
In this Hatch-Waxman Act litigation, Exela PharmSci Inc., Exela Holdings, Inc. and Exela Pharm Sciences, LLC (collectively “Exela”) appeal the district court’s construction of certain claim terms of U.S. Patents No. 6,028,222 (the “’222 patent”) and No. 6,992,218 (the “’218... Continue reading
This is a patent case brought under the HatchWaxman Act, Pub. L. No. 98-417, 98 Stat. 1585 (“the Act”), on appeal from the United States District Court for the District of Delaware. Pursuant to the Act, plaintiffsappellants Senju Pharmaceutical Co.,... Continue reading
Smart Candle, LLC, sells light-emitting diode (LED) flameless candles and commercial lighting systems internationally. On October 31, 2011, Excell Consumer Products sued Smart Candle under the LanhamAct alleging that, among other things, Smart Candle’s use of the trade name and... Continue reading
Smart Candle, LLC, sells light-emitting diode (LED) flameless candles and commercial lighting systems internationally. On October 31, 2011, Excell Consumer Products sued Smart Candle under the LanhamAct alleging that, among other things, Smart Candle’s use of the trade name and... Continue reading
Posted 5 days ago at Creative Protection
The panel affirmed the district court’s judgment after a jury trial on claims under the Lanham Act and Nevada state law regarding the use of Bob Marley images on apparel and other merchandise. Affirming the denial of defendants’ post-trial motion... Continue reading
Posted 6 days ago at Creative Protection
The holder of a trademark has certain rights, among them the power to prohibit another entity from using its mark without its consent. Those rights are subject to equitable defenses, including acquiescence, where the markholder affirmatively represents to another that... Continue reading
Posted 6 days ago at Creative Protection
Plaintiff appeals from a grant of summary judgment by the United States District Court for the Southern District of New York (Swain, J.), dismissing claims of trademark infringement, false designation of origin and unfair competition under the doctrine of res... Continue reading
The panel affirmed the district court’s judgment after a jury trial on claims under the Lanham Act and Nevada state law regarding the use of Bob Marley images on apparel and other merchandise. Affirming the denial of defendants’ post-trial motion... Continue reading
The holder of a trademark has certain rights, among them the power to prohibit another entity from using its mark without its consent. Those rights are subject to equitable defenses, including acquiescence, where the markholder affirmatively represents to another that... Continue reading
Plaintiff appeals from a grant of summary judgment by the United States District Court for the Southern District of New York (Swain, J.), dismissing claims of trademark infringement, false designation of origin and unfair competition under the doctrine of res... Continue reading
Posted 6 days ago at Creative Protection
Gilead Sciences, Inc. (“Gilead”) appeals the decision of the United States District Court for the Eastern District of Virginia granting summary judgment to the Director of the United States Patent and Trademark Office (“PTO”) on whether it properly calculated the... Continue reading
Hamid Yazdianpour and Faisal Ali Mousa al Naqbi (Licensees), along with their limited liability company (the LLC), entered into a licensing agreement with Safeblood Technologies, Inc. (Safeblood Tech) for the exclusive rights to market patented technology overseas. Licensees later sued... Continue reading
Warsaw Orthopedic (“Warsaw”) brought suit against NuVasive, Inc. (“NuVasive”) for infringement of U.S. Patent Nos. 5,860,973 (“the ’973 patent”) and 6,945,933 (“the ’933 patent”). NuVasive counterclaimed for infringement of U.S. Patent No. 7,470,236 (“the ’236 patent”) against Warsaw and its... Continue reading
David Couture (“appellant”) appeals from a decision of the Trademark Trial and Appeal Board (the “Board”) granting a petition by Playdom, Inc. (“appellee”) to cancel appellant’s PLAYDOM service mark. We affirm. Download Couture v. Playdom Continue reading
Posted 7 days ago at Creative Protection
David Couture (“appellant”) appeals from a decision of the Trademark Trial and Appeal Board (the “Board”) granting a petition by Playdom, Inc. (“appellee”) to cancel appellant’s PLAYDOM service mark. We affirm. Download Couture v. Playdom Continue reading
Held: So long as the other ordinary elements of issue preclusion are met, when the usages adjudicated by the TTAB are materially the same as those before a district court, issue preclusion should apply. Pp. 8–22. (a) An agency decision... Continue reading
Posted 7 days ago at Creative Protection
Held: So long as the other ordinary elements of issue preclusion are met, when the usages adjudicated by the TTAB are materially the same as those before a district court, issue preclusion should apply. Pp. 8–22. (a) An agency decision... Continue reading
On remand from earlier holdings of this court, the Court of Federal Claims held that ten percent of $5.4 million in revenue (which was almost pure profit) was a reasonable royalty for the United States to pay as damages for... Continue reading
Posted Mar 24, 2015 at Creative Protection
On remand from earlier holdings of this court, the Court of Federal Claims held that ten percent of $5.4 million in revenue (which was almost pure profit) was a reasonable royalty for the United States to pay as damages for... Continue reading
Papst Licensing GmbH & Co. KG owns U.S. Patent Nos. 6,470,399 and 6,895,449. The written descriptions are largely the same, the ’449 patent having issued on a divisional application carved out of the application that became the ’399 patent. The... Continue reading
Cuozzo Speed Technologies (“Cuozzo”) owns U.S. Patent No. 6,778,074 (the “’074 patent”). Garmin International, Inc. and Garmin USA, Inc. (collectively, “Garmin”) petitioned the United States Patent and Trademark Office (“PTO”) for inter partes review (“IPR”) of claims 10, 14, and... Continue reading
Helferich Patent Licensing, LLC, brought this action against defendants New York Times Co., G4 Media LLC,CBS Corporation, Bravo Media LLC, and J.C. Penney Corporation, Inc., alleging infringement of various claims of seven patents—U.S. Patent Nos. 7,280,838; 7,499,716; 7,835,757; 8,107,601; 8,116,741;... Continue reading