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James B. Gehrke
Wisconsin Advanced Technology Advocates, Inc.
Recent Activity
Forrester Envt.l Servs., Inc. v. Wheelabrator Techs.,Inc.
Plaintiffs Forrester Environmental Services, Inc. and Keith E. Forrester (collectively “Forrester”) appeal from a final judgment of the United States District Court for the District of New Hampshire. The district court granted summary judgment for defendant Wheelabrator Technologies, Inc. (“Wheelabrator”)... Continue reading
Posted 5 days ago at Intellectual Property and Tech Law Reports
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CLS Bank, Int'l v Alice Corp. Pty. Ltd.
Upon consideration en banc, a majority of the court affirms the district court’s holding that the asserted method and computer-readable media claims are not directed to eligible subject matter under 35 U.S.C. § 101. An equally divided court affirms the... Continue reading
Posted 5 days ago at Intellectual Property and Tech Law Reports
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Sanofi-Aventis Deutschland, GMBH v. Genentech, Inc.
This case requires us to determine whether, based on a final judgment in the United States that a patent is not infringed, a party is entitled to an injunction preventing the patent owner from proceeding in a previously-filed foreign arbitration... Continue reading
Posted 5 days ago at Intellectual Property and Tech Law Reports
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Bowman v. Monsanto
Held: Patent exhaustion does not permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission. Pp. 4–10. (a) Under the patent exhaustion doctrine, “the initial authorized sale of a patented article terminates all patent... Continue reading
Posted May 14, 2013 at Intellectual Property and Tech Law Reports
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Motiva, LLC v. ITC
Motiva, LLC (“Motiva”) appeals the decision of the International Trade Commission (“Commission”) that Nintendo Co., Ltd. and Nintendo of America, Inc. (collectively “Nintendo”) did not violate § 337 of the Tariff Act of 1930 by importing, selling for importation, or... Continue reading
Posted May 14, 2013 at Intellectual Property and Tech Law Reports
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Uship Intellectual Props., LLC v. United States
Uship Intellectual Properties, LLC (Uship) appeals from the judgment of the Court of Federal Claims (CFC) that the United States (the government) and IBM Corporation (IBM) do not infringe certain claims of U.S. Patent Nos. 5,831,220 (’220 patent) and 6,105,014... Continue reading
Posted May 14, 2013 at Intellectual Property and Tech Law Reports
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United States v. Liu
Appellant, Wen Chyu Liu, also known as David W. Liou (“Liou”), challenges his conviction for conspiracy to steal trade secrets and perjury. The principal issue on appeal concerns the propriety of the court’s ruling excluding the testimony of defendant’s engineering... Continue reading
Posted May 14, 2013 at Intellectual Property and Tech Law Reports
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Righthaven LLC v. Hoehn
The panel affirmed the dismissal for lack of standing of two copyright infringement suits and vacated the portion of the district court’s order granting summary judgment on fair use in one of the suits. The panel held that agreements assigning... Continue reading
Posted May 14, 2013 at Creative Protection
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Righthaven LLC v. Hoehn
The panel affirmed the dismissal for lack of standing of two copyright infringement suits and vacated the portion of the district court’s order granting summary judgment on fair use in one of the suits. The panel held that agreements assigning... Continue reading
Posted May 14, 2013 at Intellectual Property and Tech Law Reports
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Baron Servs., Inc. v. Media Weather Innovations, LLC
Baron Services, Inc., (“Baron”) appeals the orders of the United States District Court for the Northern District of Alabama awarding summary judgment of noninfringement and attorney’s fees to Media Weather Innovations, LLC (“MWI”). Because the district court’s summary judgment order... Continue reading
Posted May 9, 2013 at Intellectual Property and Tech Law Reports
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Allergan, Inc. v. Sandoz, Inc.
This patent infringement case involves a combination ophthalmic drug treatment. The issues on appeal are invalidity and claim construction. Sandoz Inc., Alcon Laboratories, Inc., Alcon Research Ltd., Alcon, Inc., and Falcon Pharmaceuticals, Ltd. (collectively, “Sandoz”) challenge the district court’s finding... Continue reading
Posted May 3, 2013 at Intellectual Property and Tech Law Reports
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Versata Software, Inc. v. SAP Am., Inc.
After a jury verdict of infringement with an award of damages in favor of Versata Software, Inc., Versata Development Group, Inc., and Versata Computer Industry Solutions, Inc. (collectively “Versata”), SAP America, Inc. and SAP AG (collectively “SAP”) appeal. Ultimately, the... Continue reading
Posted May 3, 2013 at Intellectual Property and Tech Law Reports
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B & B Hardware v. Hargis Industries, et al
Following our prior remand, B&B Hardware, Inc. v. Hargis Industries, Inc., 569 F.3d 383 (8th Cir. 2009), the district court conducted a seven-day jury trial on B&B Hardware’s (“B&B”) claim of trademark infringement and unfair competition and on Hargis Industries’... Continue reading
Posted May 3, 2013 at Creative Protection
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B & B Hardware v. Hargis Industries, et al
Following our prior remand, B&B Hardware, Inc. v. Hargis Industries, Inc., 569 F.3d 383 (8th Cir. 2009), the district court conducted a seven-day jury trial on B&B Hardware’s (“B&B”) claim of trademark infringement and unfair competition and on Hargis Industries’... Continue reading
Posted May 3, 2013 at Intellectual Property and Tech Law Reports
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Magi XXI, Inc. v. Stato della Citta del Vaticano
Sublicensee to an agreement allowing reproductions of the Vatican library collection brought action against the licensee, the licensee’s president, and the Vatican State, alleging breach of contract and related torts. The United States District Court for the Eastern District of... Continue reading
Posted May 3, 2013 at Intellectual Property and Tech Law Reports
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Magi XXI, Inc. v. Stato della Citta del Vaticano
Sublicensee to an agreement allowing reproductions of the Vatican library collection brought action against the licensee, the licensee’s president, and the Vatican State, alleging breach of contract and related torts. The United States District Court for the Eastern District of... Continue reading
Posted May 3, 2013 at Creative Protection
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Bridgeport Music, Inc. v. Smith
In 1974, songwriter, recording artist, producer, and performer Abrim Tilmon, Jr. (“Tilmon”), composed the song “You’re Getting a Little Too Smart” (“Smart”). In 1976, Tilmon assigned all of his rights to the song to Plaintiff Bridgeport Music, Inc. (“Plaintiff”). In... Continue reading
Posted May 3, 2013 at Creative Protection
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Bridgeport Music, Inc. v. Smith
In 1974, songwriter, recording artist, producer, and performer Abrim Tilmon, Jr. (“Tilmon”), composed the song “You’re Getting a Little Too Smart” (“Smart”). In 1976, Tilmon assigned all of his rights to the song to Plaintiff Bridgeport Music, Inc. (“Plaintiff”). In... Continue reading
Posted May 3, 2013 at Intellectual Property and Tech Law Reports
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Biosig Instruments, Inc. v. Nautilus, Inc.
Biosig Instruments, Inc. (“Biosig”) is the assignee of U.S. Patent No. 5,337,753 (“the ’753 patent”), which is directed to a heart rate monitor associated with an exercise apparatus and/or exercise procedures. Biosig brought a patent infringement action against Nautilus, Inc.... Continue reading
Posted Apr 29, 2013 at Intellectual Property and Tech Law Reports
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Cariou v. Prince
Appeal from a judgment of the United States District Court for the Southern District of New York (Batts, J.), on Plaintiff-Appellee Patrick Cariou’s claim that Defendant-Appellant Richard Prince’s artworks infringe on Cariou’s registered copyrights in certain photographs. We conclude that... Continue reading
Posted Apr 26, 2013 at Intellectual Property and Tech Law Reports
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Cariou v. Prince
Appeal from a judgment of the United States District Court for the Southern District of New York (Batts, J.), on Plaintiff-Appellee Patrick Cariou’s claim that Defendant-Appellant Richard Prince’s artworks infringe on Cariou’s registered copyrights in certain photographs. We conclude that... Continue reading
Posted Apr 26, 2013 at Creative Protection
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Lazare Kaplan Int'l, Inc. v. Photoscribe Techs, Inc.
Lazare Kaplan International, Inc. (“Lazare Kaplan”) appeals from the order of the United States District Court for the Southern District of New York granting summary judgment of invalidity of claims 1 and 7 of U.S. Patent 6,476,351 (the “’351 patent”)... Continue reading
Posted Apr 25, 2013 at Intellectual Property and Tech Law Reports
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Aspex Eyewear, Inc. v. Zenni Optical, Inc.
Contour Optik, Inc., a company of Taiwan, and sublicensee Aspex Eyewear, Inc. (collectively “Aspex”) sued Zenni Optical, LLC for infringement of several United States patents for magnetic clip-on eyewear such as sunglasses. The district court held that Aspex is collaterally... Continue reading
Posted Apr 25, 2013 at Intellectual Property and Tech Law Reports
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K-Tech Telecomm., Inc. v. Time Warner Cable, Inc.
K-Tech Telecommunications, Inc. (“K-Tech”) appeals the district court’s orders in K Tech Telecommunications, Inc. v. Time Warner Cable, Inc., CV11-09373 (May 9, 2012 C.D. Cal) and K Tech Telecommunications, Inc. v. DirecTV, CV11-09370 (May 9, 2012 C.D. Cal) dismissing KTech’s... Continue reading
Posted Apr 25, 2013 at Intellectual Property and Tech Law Reports
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Biogen Idec, Inc. v. GlaxoSmithKline, LLC
Biogen Idec Inc. and Genentech, Inc. (collectively, “Biogen”) seek review of the district court’s construction of the disputed claim term “anti-CD20 antibody” that narrowed the term based on prosecution history disclaimer. Under that construction, Biogen stipulated that it could not... Continue reading
Posted Apr 25, 2013 at Intellectual Property and Tech Law Reports
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