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James B. Gehrke
Intellectual Property Attorney at Gehrke & Associates, SC
Recent Activity
This patent interference contest involves methods of treating hepatitis C by administering compounds having a specific chemical and stereochemical structure, based on the following foundation formula of a five-membered ring having the fluorine substituent in the 2´(down) position: Storer Br.... Continue reading
The panel affirmed the district court’s order denying defendants’ anti-SLAPP motion to strike a state law claim for breach of implied-in-fact contract in a copyright case. The plaintiff alleged that the defendants infringed his copyright in a screenplay and used... Continue reading
Simon Tam, lead singer of the rock group “The Slants,” chose this moniker in order to “reclaim” the term and drain its denigrating force as a derogatory term for Asian persons. Tam sought federal registration of the mark “THE SLANTS.”... Continue reading
Outdry Technologies Corp. (“Outdry”) appeals from the Patent Trial and Appeal Board’s (“Board”) inter partes review decision holding that claims 1–15 of U.S. Patent No. 6,855,171 (“the ’171 patent”) would have been obvious over a combination of prior art. For... Continue reading
The Cleveland Clinic Foundation and Cleveland Heartlab, Inc. accused True Health Diagnostics LLC of infringement of three patents that claim methods for testing for myeloperoxidase in a bodily sample and a fourth patent that claims a method for treating a... Continue reading
EmeraChem Holdings, LLC (“EmeraChem”) appeals from a decision of the Patent Trial and Appeal Board (“Board”) that claims 1–14 and 16–20 of U.S. Patent No. 5,599,758 (“the ’758 patent”) would have been obvious over U.S. Patent No. 5,451,558 (“Campbell ’558”),... Continue reading
The Biologics Price Competition and Innovation Act of 2009 (BPCIA or Act) provides an abbreviated pathway for obtaining Food and Drug Administration (FDA) approval of a drug that is biosimilar to an already licensed biological product (reference product). 42 U.... Continue reading
The International Trade Commission found the claim term “virtually free from interference” indefinite and invalidated the asserted claims of One-E-Way’s patents. Because we conclude that the term “virtually free from interference,” as properly interpreted in light of the specification and... Continue reading
Credit Acceptance Corp. (“CAC”) appeals the final written decision of the Patent Trial and Appeal Board (“Board”) in a Covered Business Method (“CBM”) review proceeding. The Board determined that claims 10–12 and 14–33 of CAC’s U.S. Patent No. 6,950,807 B2... Continue reading
This is the second attorney fee appeal arising from a patent infringement suit brought by Checkpoint Systems, Inc. (“Checkpoint”) against All–Tag Security S.A., All–Tag Security Americas, Inc., Sensormatic Electronics Corp., and Kobe Properties SARL (collectively, “All–Tag”). The district court deemed... Continue reading
Appellant ADS Security, L.P. (“ADS”) appeals the opinion and order of the U.S. District Court for the Eastern District of Texas (“District Court”) denying ADS’s request for attorney fees pursuant to 35 U.S.C. § 285 (2012). See Rothschild Connected Devices... Continue reading
New World International, Inc., and National Auto Parts, Inc., (collectively, “New World”) appeal from a final decision by the United States District Court for the Northern District of Texas dismissing New World’s declaratory judgment complaint for lack of personal jurisdiction... Continue reading
Sheila Lyons, DVM (“Lyons”) appeals from a decision of the U.S. Patent and Trademark Office (“the PTO”) Trademark Trial and Appeal Board (“the Board”) canceling her registration of the service mark THE AMERICAN COLLEGE OF VETERINARY SPORTS MEDICINE AND REHABILITATION... Continue reading
Skky, Inc. (“Skky”) appeals from the final written decision of the United States Patent and Trademark Office Patent Trial and Appeal Board (“the Board”) in an inter partes review (“IPR”) proceeding concluding that claims 1–3, 5, and 15–23 (“the challenged... Continue reading
This copyright suit shows the difficulty in finding protected creative expression in a crowded field, in this case, architectural design of single‐family homes. The case also shows the challenge in administering intellectual property law to discourage so‐called intellectual property “trolls”... Continue reading
In September 2009, Roof N Box, Inc. (RNB) and Building Materials Corp. of America d/b/a GAF-ELK Corp. (GAF) entered into an agreement under which GAF would promote RNB’s “Roof N Box” product, a three-dimensional roofing model, to building-construction contractors affiliated... Continue reading
Karen Herzog , Milwaukee Journal Sentinel With 168 patents issued last year, the University of Wisconsin-Madison moved back into sixth place among 100 universities surveyed around the world last year, according to a news release from the school. UW inched... Continue reading
Plaintiffs (collectively, Preston) filed a complaint against Defendants (collectively, Nagel) in Massachusetts Superior Court alleging fifteen state-law claims. Nagel answered the complaint and filed eleven counterclaims under the Declaratory Judgment Act seeking declarations of non-infringement of several patents held by... Continue reading
Held: 1. Lexmark exhausted its patent rights in the Return Program cartridges that it sold in the United States. A patentee’s decision to sell a product exhausts all of its patent rights in that item, regardless of any restrictions the... Continue reading
Pulse Electronics, Inc. and Pulse Electronics Corporation (together, “Pulse”) appeal from the decision of the United States District Court for the District of Nevada awarding Halo Electronics, Inc. (“Halo”) prejudgment interest. See Halo Elecs., Inc. v. Pulse Elecs., Inc., No.... Continue reading
Guy Boulton , Milwaukee Journal Sentinel 1:51 p.m. CT May 30, 2017 For the past four years, successive teams of seniors at the Milwaukee School of Engineering have worked on a research project not short on ambition: developing a synthetic... Continue reading
Joseph Phelps Vineyards, LLC (“Vineyards”) has produced and sold wines bearing the trademark INSIGNIA since 1978. In 2012, Fairmont Holdings, LLC (“Fairmont”) received federal registration for the mark ALEC BRADLEY STAR INSIGNIA for cigars and cigar products. On Vineyards’ petition... Continue reading
Adrian Rivera and Adrian Rivera Maynez Enterprises (collectively, “Rivera”) appeal from a divided decision by the International Trade Commission, finding no violation of Section 337 of the Tariff Act of 1930, 19 U.S.C. § 1337, based on the Commission’s holding... Continue reading
Aurobindo Pharma Ltd., Aurobindo Pharma USA Inc., and Auromedics Pharma LLC (together, “Aurobindo”) appeal from a decision of the United States District Court for the Eastern District of Texas granting Mylan Institutional LLC’s (“Mylan Inst.”) and Apicore US LLC’s (“Apicore”)... Continue reading
Held: As applied to domestic corporations, “reside[nce]” in §1400(b) refers only to the State of incorporation. The amendments to §1391 did not modify the meaning of §1400(b) as interpreted by Fourco. Pp. 3– 10. (a) The venue provision of the... Continue reading