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James B. Gehrke
www.gehrke-law.com
Intellectual Property Attorney at Gehrke & Associates, SC
Recent Activity
Jeff H. VerHoef (“VerHoef”) appeals from the decision of the Patent Trial and Appeal Board (the “Board”) affirming the examiner’s rejection of all claims of VerHoef’s pending application 13/328,201 (the “’201 application”) as unpatentable under 35 U.S.C. § 102(f) (2006).... Continue reading
Disc Disease Solutions Inc. appeals an order from the United States District Court for the Middle District of Georgia that dismissed with prejudice its complaint for failure to state a claim and denied its request to file a first amended... Continue reading
Texas Advanced Optoelectronic Solutions, Inc., (TAOS) and Intersil Corporation each develop and sell ambient light sensors, which are used in electronic devices to adjust screen brightness in response to incident light. In the summer of 2004, the parties confidentially shared... Continue reading
This trademark dispute returns to us after proceedings on remand. In the previous appeal, E. Iowa Plastics, Inc. v. PI, Inc., 832 F.3d 899 (8th Cir. 2016), we asked the district court to address state-law questions pertaining to the availability... Continue reading
This case involves a trademark dispute between two companies that sell plastic bags for picking up and disposing of dog droppings. ZW USA, Inc. entered the dog bag market first and registered the mark ONEPUL. PWD, LLC entered the market... Continue reading
01 Communique Laboratory, Inc. (“Communique”) appeals an order of the United States District Court for the Northern District of Ohio denying its motion for a new trial. See 01 Communique Lab., Inc. v. Citrix Sys., Inc., No. 1:06-CV-00253, 2017 WL... Continue reading
This case involves two patents relating to treatments for Hepatitis C. Merck & Co., Inc. and Ionis Pharmaceuticals, Inc. (formerly Isis Pharmaceuticals, Inc.) collaborated on research in the area and eventually obtained U.S. Patent Nos. 7,105,499 and 8,481,712. The patents,... Continue reading
This appeal arises from a protracted trademark dispute between appellant Variety Stores, Inc. (“Variety”), and cross-appellant and appellee Wal-Mart Stores, Inc. (“Walmart”). The district court granted partial summary judgment in Variety’s favor, finding Walmart liable for trademark infringement. Following a... Continue reading
Affirming the district court’s dismissal of claims brought by a monkey, the panel held that the animal had constitutional standing but lacked statutory standing to claim copyright infringement of photographs known as the “MonkeySelfies.” The panel held that the complaint... Continue reading
Plaintiff-Appellant Montauk U.S.A., LLC (“Montauk”) appeals from (i) the district court’s dismissal without prejudice of its Lanham Act claims and motion for preliminary injunction under the “first filed” rule, and (ii) the district court’s order, pursuant to Fed. R. Civ.... Continue reading
These three consolidated cases return to the panel on remand from the en banc court. That court reviewed, and overturned, the panel’s decision that time-bar determinations by the Patent Trial and Appeal Board (“PTAB” or “Board”) in inter partes review... Continue reading
Voter Verified, Inc. (“Voter Verified”) appeals from the United States District Court for the Northern District of Florida’s dismissal under Fed. R. Civ. P. 12(b)(6) of its claim for patent infringement, holding that the claims of U.S. Reissue Patent RE40,449... Continue reading
In this action against j2 Cloud Services, LLC and Advanced Messaging Technologies, Inc. (AMT), Gregory James asserts a claim for correction of inventorship under 35 U.S.C. § 256, as well as various state-law claims. The district court dismissed the correction-of-inventorship... Continue reading
Inter partes review allows private parties to challenge previously issued patent claims in an adversarial process before the Patent Office. At the outset, a party must file a petition to institute review, 35 U. S. C. §311(a), that identifies the... Continue reading
Inter partes review authorizes the United States Patent and Trademark Office (PTO) to reconsider and cancel an already-issued patent claim in limited circumstances. See 35 U. S. C. §§311–319. Any person who is not the owner of the patent may... Continue reading
E*TRADE Bank, E*TRADE Financial Corporation, E*TRADE Securities, LLC, Scottrade Financial Services, Inc., Scottrade, Inc., TD Ameritrade Holding Corp., and TD Ameritrade, Inc. (collectively, “E*TRADE”) filed a petition for inter partes review (“IPR”) of U.S. Patent No. 8,402,115 (“the ’115 Patent”),... Continue reading
John Bean Technologies Corp. appeals from a decision by the United States District Court for the Eastern District of Arkansas holding that its patent infringement claims are barred by the affirmative defenses of equitable estoppel and laches.1 Because the asserted... Continue reading
Keith Raniere (“Raniere”) appeals from the district court’s decisions awarding attorney fees and costs to Microsoft Corporation and AT&T Corporation (together, “Appellees”). Raniere v. Microsoft Corp., Nos. 15-0540 & 15-2298, 2016 WL 4626584 (N.D. Tex. Sept. 2, 2016) (Fees Decision);... Continue reading
Apator Miitors ApS (“Apator”) appeals from a Final Written Decision of the United States Patent and Trademark Office Patent Trial and Appeal Board (“Board”) in an inter partes review of U.S. Patent No. 8,893,559 finding claim 2 was anticipated by... Continue reading
This Hatch-Waxman appeal requires us to construe the scope of a claim depicting a compound’s chemical structure. Although the compound can exist in two different three-dimensional orientations that are mirror images of each other, only one is portrayed in the... Continue reading
West-Ward Pharmaceuticals International Limited and West-Ward Pharmaceuticals Corp. (collectively, “West-Ward”) appeal from the decision of the United States District Court for the District of Delaware holding, after a bench trial, claims 1–9, 11–13, and 16 (“the asserted claims”) of U.S.... Continue reading
Appellant Knowles Electronics LLC (“Knowles”) appeals the inter partes reexamination decision of the U.S. Patent and Trademark Office’s (“USPTO”) Patent Trial and Appeal Board (“PTAB”) that affirmed an examiner’s findings that (1) claims 1–2, 5–6, 9, 11–12, 15–16, and 19... Continue reading
After finding that Rainbow Early Education Holding LLC (“Early Education”) had violated the terms of a consent judgment and permanent injunction, the district court held Early Education in contempt and awarded $60,000 to Rainbow School, Inc. (“the School”), plus attorney’s... Continue reading
This copyright case returns to us after a second jury trial, this one focusing on the defense of fair use. Oracle America, Inc. (“Oracle”) filed suit against Google Inc. (“Google”)1 in the United States District Court for the Northern District... Continue reading
Gregory A. Brandt, John B. Letts, and Firestone Building Products Company LLC appeal from a decision by the Patent Trial and Appeal Board affirming an examiner’s obviousness rejection of their patent application claims related to construction board for a covered... Continue reading