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James B. Gehrke
Wisconsin Advanced Technology Advocates, Inc.
Recent Activity
Salesforce.com, Inc. and other defendants (collectively, Defendants) appeal from the district court’s order denying their joint motion to stay VirtualAgility Inc.’s (VA) patent infringement lawsuit against Defendants pending post-grant review of the validity of VA’s asserted claims under the Transitional... Continue reading
Pro se plaintiff-appellant Raymond E. Stauffer brought this qui tam action in the United States District Court for the Southern District of New York in 2008.1 In his suit, Mr. Stauffer sued defendant-appellee Brooks Brothers, Inc. (“Brooks Brothers”) under the... Continue reading
X2Y Attenuators, LLC (X2Y) appeals from the final determination of the International Trade Commission (ITC) that Intel Corporation and other intervenors (Intel) did not violate 19 U.S.C. § 1337 because Intel’s products were not covered by X2Y’s asserted patents. Because... Continue reading
Becton, Dickinson and Company (“Becton”) appeals from the district court’s denial of Becton’s motion to modify the district court’s damages award following the partially successful appeal of the infringement judgment on which the award was based. Retractable Techs., Inc. v.... Continue reading
The panel affirmed the district court’s order appointing a receiver and authorizing the sale of master sound recording copyrights in an action between musician George Clinton and his former law firm Hendricks & Lewis. Hendricks & Lewis obtained judgments against... Continue reading
Augme Technologies, Inc. (Augme) sued Yahoo! Inc. (Yahoo!) alleging infringement of certain claims of U.S. Patent Nos. 6,594,691 and 7,269,636 (collectively, the Augme patents), and Yahoo! counterclaimed that Augme and World Talk Radio, LLC (collectively, Appellants) infringed certain claims of... Continue reading
Before the court is the appeal of a district court’s decision not to exercise supplemental jurisdiction over the case. Defendants-Appellants argue that the court erred in remanding the case to state court. Plaintiff-Appellee moves to dismiss the case, arguing that... Continue reading
This case is on appeal from the Trademark Trial and Appeal Board (“Board”) at the United States Patent and Trademark Office. Appellant Nordic Naturals, Inc. (“Nordic”) sought to register CHILDREN’S DHA, in standard characters, for “nutritional supplements containing DHA.” “DHA”... Continue reading
Both parties in this case are Midwestern wineries that produce a spiced apple wine they call “Hallowine.” Door Peninsula Winery sued Illinois River Winery and its owner, Gregory Kane, for trademark infringement. The district court ruled in Door Peninsula’s favor... Continue reading
On June 21, 2001, Automated Solutions Corporation (“ASC”) and Paragon Data Systems, Inc. (“Paragon”) entered into a contract to develop and support computer software for the Chicago Tribune. This software, called the “Single Copy Distribution System” (“SCDS”) would allow the... Continue reading
McAirlaids, Inc. filed suit against Kimberly-Clark Corp. for trade-dress infringement and unfair competition under §§ 32(1)(a) and 43(a) of the Trademark Act of 1946 (“Lanham Act”), 15 U.S.C. §§ 1114(1)(a) and 1125(a), and Virginia common law. The district court granted... Continue reading
In this constitutional challenge, Mark Stadnyk and MadStad Engineering, Inc. (collectively, “MadStad”) filed suit against the United States Patent and Trademark Office (“PTO”), its then director, David Kappos, in his official capacity, and the United States of America (collectively, “the... Continue reading
AbbVie Deutschland GmbH & Co., KG, AbbVie Bioresearch Center, Inc., and AbbVie Biotechnology Ltd. (formerly Abbott, collectively “AbbVie”) appeal from the final judgments of the United States District Court for the District of Massachusetts in a patent infringement action and... Continue reading
Hill-Rom Services, Inc., Hill-Rom Company, Inc., and Hill-Rom Manufacturing, Inc. (collectively, Hill-Rom) appeal from the district court’s grant of summary judgment that Stryker Corporation and Stryker Sales Corporation (collectively, Stryker) do not infringe asserted claims of U.S. Patent Nos. 5,699,038... Continue reading
CEATS, Inc. (“CEATS”) brought this patent infringement suit against Continental Airlines, Inc.; Alaska Airlines, Inc.; Horizon Air Industries, Inc.; Delta Airlines, Inc.; Jetblue Airways Corp.; United Airlines, Inc.; Virgin America, Inc.; US Airways, Inc.; Ticketmaster, LLC.; Ticketsnow.com, Inc.; Live Nation... Continue reading
Held: Aereo performs petitioners’ works publicly within the meaning of the Transmit Clause. Pp. 4–18. (a) Aereo “perform[s].” It does not merely supply equipment that allows others to do so. Pp. 4–10. (1) One of Congress’ primary purposes in amending... Continue reading
Posted Jun 25, 2014 at Creative Protection
Held: Aereo performs petitioners’ works publicly within the meaning of the Transmit Clause. Pp. 4–18. (a) Aereo “perform[s].” It does not merely supply equipment that allows others to do so. Pp. 4–10. (1) One of Congress’ primary purposes in amending... Continue reading
This case is on appeal from the Trademark Trial and Appeal Board (“Board”) at the United States Patent and Trademark Office. Appellant Nordic Naturals, Inc. (“Nordic”) sought to register CHILDREN’S DHA, in standard characters, for “nutritional supplements containing DHA.” “DHA”... Continue reading
This case is on appeal from the Trademark Trial and Appeal Board (“Board”) at the United States Patent and Trademark Office. Appellant Nordic Naturals, Inc. (“Nordic”) sought to register CHILDREN’S DHA, in standard characters, for “nutritional supplements containing DHA.” “DHA”... Continue reading
Posted Jun 24, 2014 at Creative Protection
With the net effect on creativity of extending the copy-right protection of literary characters to the extraordinary lengths urged by the estate so uncertain, and no legal grounds suggested for extending copyright protection be-yond the limits fixed by Congress, the... Continue reading
Posted Jun 20, 2014 at Creative Protection
Gemalto S.A. (“Gemalto”) is the owner of U.S. Patent Nos. 6,308,317 (“the ’317 patent”), 7,117,485 (“the ’485 patent”), and 7,818,727 (“the ’727 patent”). Gemalto sued HTC Corporation, HTC America, Inc., Exedea, Inc., Google, Inc., Motorola Mobility, LLC, Samsung Electronics Co.,... Continue reading
Triton Tech of Texas, LLC (“Triton”) appeals from the district court’s judgment that the means-plus-function term “integrator means” renders the asserted claims of Triton’s U.S. Patent No. 5,181,181 invalid for indefiniteness. We affirm. Download Triton Tech of TX, LLC v.... Continue reading
With the net effect on creativity of extending the copy-right protection of literary characters to the extraordinary lengths urged by the estate so uncertain, and no legal grounds suggested for extending copyright protection be-yond the limits fixed by Congress, the... Continue reading
Held: Because the claims are drawn to a patent-ineligible abstract idea, they are not patent eligible under §101. Pp. 5–17. (a) The Court has long held that §101, which defines the subject matter eligible for patent protection, contains an implicit... Continue reading
Q.I. Press Controls, B.V. (“Q.I. Press”) appeals from the decision of the United States Patent and Trademark Office (“PTO”) Board of Patent Appeals and Interferences (“the Board”) reversing both the examiner’s obviousness rejection of claims 1–17 and 19–60 and written... Continue reading