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James B. Gehrke
Intellectual Property Attorney at Gehrke & Associates, SC
Recent Activity
Chikezie Ottah (herein “Ottah”) appeals the decision of the United States District Court for the Southern District of New York.1 The district court granted summary judgment of non-infringement to several defendant automobile companies with respect to U.S. Patent No. 7,152,840... Continue reading
When the owner of a foreign website, acting abroad, uploads video content in which another party holds exclusive United States public performance rights under the Copyright Act and then directs the uploaded content to United States viewers upon their request,... Continue reading
Appellant Knowles Electronics, LLC (“Knowles”) appeals the inter partes reexamination decision on appeal of the U.S. Patent and Trademark Office’s (“USPTO”) Patent Trial and Appeal Board (“PTAB”) affirming an examiner’s rejection of claims 1−4 of U.S. Patent No. 6,781,231 (“the... Continue reading
The panel affirmed the district court’s dismissal of a copyright infringement action brought by photographer Jacobus Rentmeester against Nike, Inc. Rentmeester alleged that Nike infringed his copyright in a photograph of Michael Jordan when it commissioned its own photograph of... Continue reading
Nalco Company (“Nalco”) appeals from the district court’s decision dismissing its Fourth Amended Complaint (“4AC”) with prejudice for failure to state a claim upon which relief can be granted. The 4AC alleged infringement of U.S. Patent No. 6,808,692 (“the ’692... Continue reading
Defendant TVEyes, Inc. (“TVEyes”) is a media company that continuously records the audiovisual content of more than 1,400 television and radio channels, imports that content into a database, and enables its clients, for $500 per month, to view, archive, download,... Continue reading
Plaintiff‐Appellant Daniel Kim appeals from a judgment entered in favor of Defendants‐Appellees Michael S. Kimm, Michael‐Hyun W. Lee, Hyung Suk 26 Choi, Chul Ho Park, Charlie Park, Jin Young Chung, Charlie and You, Inc., and Swan U.S.A., Inc., by the... Continue reading
Plaintiff-Appellant Digital Ally, Inc. appeals from the district court’s grant of summary judgment in favor of Defendant-Appellee Utility Associates, Inc. Digital Ally, Inc. v. Utility Assocs., Inc., No. 2:14-cv-02262-CM, 2017 WL 1197561 (D. Kan. Mar. 30, 2017). Exercising jurisdiction under... Continue reading
The Petitioners Google LLC, Motorola Mobility LLC, and Samsung Electronics Co., Ltd. requested inter partes review of Claims 1-79 (all the claims) of U.S. Patent No. 6,323,853 (“the ’853 patent”) owned by Arendi S.A.R.L. (“Arendi”).1 The Patent Trial and Appeal... Continue reading
In this copyright case, DRK, a purported assignee of photographers’ rights to sue for infringement, seeks statutory damages from Wiley, a licensee, for exceeding its licensed use of certain photographs as to which DRK non‐exclusively represents the photographers. Invoking our... Continue reading
Aatrix Software, Inc. (“Aatrix”) appeals the United States District Court for the Middle District of Florida’s dismissal under Rule 12(b)(6), in which the district court held claims 1, 2, and 22 of U.S. Patent No. 7,171,615 (“’615 patent”) and claims... Continue reading
Download In re HodgesAppellant Kenneth Andrew Hodges appeals from examination of U.S. Patent Application No. 12/906,222 (“’222 application”), in which the Patent Trial and Appeal Board (“Board”) affirmed the examiner’s rejection of all claims as anticipated and/or obvious. See Ex... Continue reading
Merck Sharp & Dohme Corp. (“Merck”) owns U.S. Patent No. 6,127,353, which claims mometasone furoate monohydrate, the active ingredient in Merck’s Nasonex® nasal product. Amneal Pharmaceuticals LLC (“Amneal”) submitted an Abbreviated New Drug Application (“ANDA”) to the U.S. Food &... Continue reading
Polaris Industries, Inc. (“Polaris”) owns U.S. Patent No. 8,596,405 (“the ’405 patent”), which is directed to allterrain vehicles (“ATVs”) having at least two seats arranged side-by-side. Polaris’s competitor, Arctic Cat, Inc. (“Arctic Cat”), filed two petitions for inter partes review,... Continue reading
The only asserted claim in the underlying case is a Walker Process monopolization claim based on alleged fraud on the United States Patent and Trademark Office (“PTO”). Both parties assert that the Federal Circuit has appellate jurisdiction over this case.... Continue reading
Nordt Development Co., LLC appeals the Patent Trial and Appeal Board’s decision affirming an examiner’s rejection of claims 1 and 14 of U.S. Patent Application No. 13/241,865. Ex Parte Nordt, No. 2015–001233, 2016 WL 6560183 (P.T.A.B. Nov. 1, 2016). For... Continue reading
Steven E. Berkheimer appeals the United States District Court for the Northern District of Illinois’ summary judgment holding claims 1–7 and 9 of U.S. Patent No. 7,447,713 (’713 patent) invalid as ineligible under 35 U.S.C. § 101. Mr. Berkheimer also... Continue reading
Plaintiffs MACOM Technology Solutions Holdings, Inc. and Nitronex, LLC (together, “MACOM”) sought and obtained a preliminary injunction against defendant Infineon Technologies Americas Corp. (“Infineon”) in the U.S. District Court for the Central District of California. The injunction declared that Infineon’s... Continue reading
The Medicines Company appeals findings of no infringement made by the United States District Court for the District of Delaware. Hospira cross-appeals the district court’s finding that a distribution agreement did not constitute an invalidating “offer for sale” under 35... Continue reading
Appellant Elbit Systems of America, LLC (“Elbit”) sought inter partes review of various claims of Appellee Thales Visionix, Inc.’s (“Thales”) U.S. Patent No. 6,474,159 (“the ’159 patent”). The U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (“PTAB”) issued... Continue reading
Actelion Pharmaceuticals, Ltd. (“Actelion”) appeals from the grant of summary judgment by the United States District Court for the Eastern District of Virginia in favor of the United States Patent and Trademark Office (“PTO”) regarding the length of the patent... Continue reading
AbbVie, Inc., and AbbVie Biotechnology Ltd. (“AbbVie”) filed suit in the Eastern District of Virginia against MedImmune Limited (“MedImmune”), seeking a declaratory judgment that U.S. Patent No. 6,248,516 (“the ’516 patent”) is invalid. The district court determined that it lacked... Continue reading
The panel affirmed the district court’s summary judgment in favor of the defendant in an action under the Copyright Act. The plaintiff alleged that the defendant infringed on his pen and ink depiction of two dolphins crossing underwater. Applying the... Continue reading
BMG Rights Management (US) LLC (“BMG”), which owns copyrights in musical compositions, filed this suit alleging copyright infringement against Cox Communications, Inc. and CoxCom, LLC (collectively, “Cox”), providers of high-speed Internet access. BMG seeks to hold Cox contributorily liable for... Continue reading
Paice LLC and The Abell Foundation, Inc. (collectively, “Paice”) appeal from final written decisions in six inter partes review (“IPR”) proceedings, in which the Patent Trial and Appeal Board (“Board”) held certain challenged claims of U.S. Patent Nos. 7,237,634 (“’634... Continue reading