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
Intellectual Property Attorney at Gehrke & Associates, SC
Recent Activity
Nichia Corporation sued Everlight Electronics Co., LTD., Everlight Americas, INC., and Zenaro Lighting, Inc. (collectively, “Everlight”) for infringement of three of its patents. Following a bench trial, the district court found Everlight infringed all three patents and had not proved... Continue reading
This case pits SoundExchange, a nonprofit entity, charged with the responsibility of collecting royalties for performing artists and copyright owners of music, against Muzak, a company that supplies digital music channels to satellite television networks who, in turn, sell to... Continue reading
This case pits SoundExchange, a nonprofit entity, charged with the responsibility of collecting royalties for performing artists and copyright owners of music, against Muzak, a company that supplies digital music channels to satellite television networks who, in turn, sell to... Continue reading
Posted yesterday at Creative Protection
Fairchild (Taiwan) Corporation moves the court to remand this case to the Patent Trial and Appeal Board with instructions to vacate certain aspects of its final decision in the underlying inter partes reexamination and issue a reexamination certificate. Power Integrations,... Continue reading
Too often the silence of contracting parties must be filled by the voice of the courts. Such is the case here, where we are called upon to resolve a trademark dispute in which no written contract designates ownership, and, in... Continue reading
Too often the silence of contracting parties must be filled by the voice of the courts. Such is the case here, where we are called upon to resolve a trademark dispute in which no written contract designates ownership, and, in... Continue reading
Posted Apr 21, 2017 at Creative Protection
Phil-Insul Corp. d/b/a IntegraSpec (“IntegraSpec”) filed suit against Airlite Plastics Co. and Formtech, LLC (collectively, “Airlite”) alleging infringement of U.S. Patent No. 5,428,933 (“the ’933 Patent”), which relates to insulating concrete forms (“ICFs”) that are used in the construction of... Continue reading
A jury found that Samsung infringed Rembrandt’s asserted patents, which the jury also found not invalid over prior art cited by Samsung. The jury awarded Rembrandt $15.7 million in damages. After trial, Samsung moved for judgment as a matter of... Continue reading
This appeal arises from a patent infringement action brought in the United States District Court for the Eastern District of Texas. The plaintiff, Core Wireless Licensing S.a.r.l., is the owner of U.S. Patent No. 6,978,143 (“the ’143 patent”). Claim 17... Continue reading
A pharmaceutical company holding the patent on a drug sues the manufacturer of a generic version of that drug for patent infringement. The patent-holder and the generic manufacturer later settle, with the former paying the latter not to produce a... Continue reading
This is an appeal from the Final Written Decision of the United States Patent and Trademark Office, Patent Trial and Appeal Board (Board) in two consolidated inter partes review (IPR) proceedings of U.S. Patent No. 8,324,283 (the ’283 patent), owned... Continue reading
Digital Millennium Copyright Act The panel (1) reversed the district court’s holding, on summary judgment, that the defendant was protected by the safe harbor of the Digital Millennium Copyright Act from liability for posting the plaintiff’s photographs online and (2)... Continue reading
Posted Apr 14, 2017 at Creative Protection
Digital Millennium Copyright Act The panel (1) reversed the district court’s holding, on summary judgment, that the defendant was protected by the safe harbor of the Digital Millennium Copyright Act from liability for posting the plaintiff’s photographs online and (2)... Continue reading
The Medicines Company (“Medicines”) is the owner of U.S. Patent Nos. 7,582,727 (“the ’727 patent”) and 7,598,343 (“the ’343 patent”). In response to an Abbreviated New Drug Application (“ANDA”) submitted by Mylan, Inc. (“Mylan”), Medicines filed suit in the United... Continue reading
The instant appeals concern inter partes reviews of U.S. Patent Nos. 6,316,023 (“the ’023 patent”) and 6,335,031 (“the ’031 patent”) (together, “the Patents-inSuit”). In two separate final written decisions, the U.S. Patent and Trademark Office’s (“USPTO”) Patent Trial and Appeal... Continue reading
These consolidated appeals come to us following two related inter partes review proceedings before the U.S. Patent & Trademark Office’s Patent Trial and Appeal Board (“Board”). Both proceedings involve now-expired U.S. Patent No. 5,602,524 (“the ’524 patent”) owned by Wasica... Continue reading
California Anti-SLAPP Statute / Copyright Act The panel affirmed the district court’s order granting T3Media’s special motion to strike, pursuant to California’s anti-SLAPP statute, the action brought by plaintiffs/former student-athletes Patrick Maloney and Tim Judge, alleging that T3Media exploited their... Continue reading
Posted Apr 7, 2017 at Creative Protection
The panel affirmed the district court’s judgment in favor of the plaintiff in a copyright infringement case involving fabric designs. Affirming the district court’s summary judgment in favor of the plaintiff on the issue of copyright infringement, the panel held... Continue reading
Posted Apr 7, 2017 at Creative Protection
Steven Chudik appeals from the Patent Trial and Appeal Board’s (“Board”) determination that claims 1, 15, 18, and 33–40 of U.S. Patent Application 11/525,631 (“’631 application”) are anticipated by two prior art references. Because substantial evidence does not support the... Continue reading
This appeal is about whether “volitional conduct” is required to establish a claim for direct copyright infringement. Defendant T&S Software Associates, an internet service provider, hosted an internet forum on which third-party users posted images that infringed copyrights owned by... Continue reading
Defendants-Appellants (“Max Planck”) appeal a decision of the United States District Court for the District of Massachusetts, which found that this case was not “exceptional” within the meaning of 35 U.S.C. § 285 and thus denied Max Planck’s motion for... Continue reading
TVIIM, LLC (“TVIIM”) sued McAfee, Inc. (“McAfee”) in the United States District Court for the Northern District of California for infringement of U.S. Patent No. 6,889,168 (“’168 patent”). A jury determined that McAfee did not infringe the ’168 patent and... Continue reading
Bayer appeals the district court’s award of attorney fees to Dow under 35 U.S.C. § 285. The district court awarded attorney fees to Dow upon finding that the case stood out from others and was thus exceptional. Because the district... Continue reading
Reversing the district court’s partial summary judgment in favor of defendants, the panel held that a service that captures copyrighted works broadcast over the air, and then retransmits them to paying subscribers over the Internet without the consent of the... Continue reading
By Silke Schmid For a soldier who suffered a spinal cord injury on the battlefield, the promise of regenerative medicine is to fully repair the resulting limb paralysis. But that hope is still years from reality. “When regenerative medicine started,... Continue reading