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James B. Gehrke
Intellectual Property Attorney at Gehrke & Associates, SC
Recent Activity
The panel filed an amended opinion (1) reversing 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
SynQor, Inc. (SynQor) owns several patents directed to a particular architecture for direct current-to-direct current (DC-DC) power converters, including U.S. Patent Nos. 8,023,290 (the ’290 patent) and 7,272,021 (the ’021 patent) (hereinafter, we refer to the ’290 and ’021 patents... Continue reading
The present appeals arise from a series of inter partes reviews (“IPRs”) between Ultratec, Inc. (“Ultratec”) and CaptionCall, LLC (“CaptionCall”). Ultratec owns U.S. Patent Nos. 5,909,482 (“the ’482 patent”), 6,233,314 (“the ’314 patent”), 6,594,346 (“the ’346 patent”), 6,603,835 (“the ’835... Continue reading
Patent assignee Return Mail, Inc. (“Return Mail”) appeals from the final written decision of the U.S. Patent and Trademark Office’s (“PTO”) Patent Trial and Appeal Board (“Board”) in a review of a covered business method (“CBM”) patent. The Board held... Continue reading
Stepan Company (“Stepan”) appeals from a decision of the Patent Trial and Appeal Board (“Board”) affirming the examiner’s rejection of claims 1–31 of U.S. Patent Application No. 12/456,567 (“the ’567 application”). For the reasons discussed below, we vacate and remand.... Continue reading
This opinion addresses two sets of consolidated appeals concerning two pharmaceutical drugs: Lipitor and Effexor XR. In both sets of consolidated appeals, plaintiffs allege that the companies holding the patents related to Lipitor and Effexor XR fraudulently procured and enforced... Continue reading
The panel affirmed the district court’s preliminary injunction against the defendant in an action under the Copyright Act and the Digital Millennium Copyright Act. Defendant VidAngel, Inc., operated an online streaming service that removed objectionable content from movies and television... Continue reading
Nidec Motor Corporation (“Nidec”) appeals a final written decision of the Patent Trial and Appeal Board (“Board”) in an inter partes review (“IPR”). The Board determined that claims 1–3, 8, 9, 12, 16, and 19 of U.S. Patent No. 7,626,349... Continue reading
For the foregoing reasons, we will affirm the District Court’s grant of summary judgment. Download Wellbutrin XL Antitrust Litigation Continue reading
Wine and Canvas Develop‐ ment, LLC, Anthony Scott, Tamara McCracken, and Donald McCracken sued Christopher Muylle, Theodore Weisser, YN Canvas CA, LLC, Art Uncorked LLC, and Weisser Manage‐ ment Group LLC, bringing federal trademark and state law claims. Muylle brought... Continue reading
Following a claim construction ruling adverse to Appellant Holland L.P. (“Holland”), a jury in the U.S. District Court for the Eastern District of Texas (“District Court”) found that Holland infringed Appellee Georgetown Rail Equipment Company’s (“Georgetown”) U.S. Patent 7,616,329 (“the... Continue reading
Visual Memory, LLC appeals the district court’s dismissal of its patent infringement complaint against NVIDIA Corporation. The district court held that Visual Memory’s U.S. Patent No. 5,953,740 is drawn to patent ineligible subject matter, and therefore its complaint failed to... Continue reading
Appellant North Carolina Lottery (“N.C. Lottery”) seeks to register the mark “FIRST TUESDAY” in connection with lottery services and games, to market the introduction of new scratch-off lottery games on the first Tuesday of each month. It appeals the decision... Continue reading
Amgen Inc. (“Amgen”) appeals an order of the United States District Court for the District of Delaware denying Amgen’s motion to compel discovery from Hospira, Inc. (“Hospira”) in a patent infringement case governed by the Biologics Price Competition and Innovation... Continue reading
Romag Fasteners, Inc. (“Romag”) owns U.S. Patent No. 5,722,126 (“’126 patent”) on magnetic snap fasteners, which it sells under its registered trademark, ROMAG, U.S. Trademark Reg. No. 2,095,367 (“’367 trademark”). Romag sued Fossil, Inc. and various retailers (together, “Fossil”) for,... Continue reading, llc (“Symbolic”) appeals from decisions of the U.S. Patent and Trademark Office (“the PTO”) Trademark Trial and Appeal Board (“the Board”) affirming the examining attorney’s refusal to register the mark I AM (“the mark”) in standard characters for goods... Continue reading
Personal Audio, LLC appeals the decision of the Patent Trial and Appeal Board (PTAB or “Board”) in inter partes review (IPR) of United States Patent No. 8,112,504 (“the ’504 Patent”). This IPR was instituted on petition of the Electronic Frontier... Continue reading
Homeland Housewares, LLC (“Homeland”) petitioned the United States Patent and Trademark Office Patent Trial and Appeal Board (“Board”) for an inter partes review of claims 1–16 of U.S. Patent No. 7,581,688 (“’688 patent”), which is assigned to Whirlpool Corporation (“Whirlpool”).... Continue reading
Honeywell International, Inc. (“Honeywell”) appeals from a decision of the U.S. Patent and Trademark Office (“the PTO”) Patent Trial and Appeal Board (“the Board”) affirming the Examiner’s rejection, in two merged inter partes reexaminations, of claims 1–26, 31–37, 46–49, 58,... Continue reading
This case arises from Kerry Earnhardt, Inc.’s (KEI) trademark application with the U.S. Patent and Trademark Office (PTO) to register the mark EARNHARDT COLLECTION for “furniture” in class 20 and “custom construction of homes” in class 37. Teresa Earnhardt opposed... Continue reading
Regeneron Pharmaceuticals, Inc. (“Regeneron”) appeals from a final judgment of the district court holding U.S. Patent No. 8,502,018 (“’018 patent”) unenforceable because of Regeneron’s inequitable conduct during prosecution. Regeneron also appeals the district court’s construction of several claim terms and... Continue reading
Soft Gel Technologies, Inc., appeals from three inter partes reexamination decisions of the Patent Trial and Appeal Board. The Board’s decisions invalidated numerous claims in each of three related Soft Gel patents for obviousness. We affirm. Download Soft Gel Technologies... Continue reading
Global Connect, L.L.C. and T C N, Inc. (collectively, the Defendants) appeal from a jury verdict finding they infringed U.S. Patent Nos. 8,135,122 and 8,565,399. Because the district court erred in its claim construction, we reverse and remand. Download NobelBiz... Continue reading
This case concerns a trademark that once enjoyed widespread recognition but has since grown considerably weaker. Since the 1950s, Parks Sausage Company has manufactured or licensed sausage under the brand name “PARKS.” the owners of the frankfurter brand BALL PARK,... Continue reading
Velcade®. Appellees in Appeal Nos. 15-2066, 16-1008, 16- 1009, 16-1010, 16-1110, 16-1283, and 16-1762 (collectively, “Sandoz”) all filed abbreviated new drug applications (“ANDAs”), admitting infringement and seeking to invalidate various claims of the ’446 Patent. Based on the litigation that... Continue reading