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James B. Gehrke
www.gehrke-law.com
Intellectual Property Attorney at Gehrke & Associates, SC
Recent Activity
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
“Registration” of a copyright is a precondition to filing suit for copyright infringement. 17 U.S.C. § 411(a). This appeal requires us to decide an issue that has divided the circuits: whether registration occurs when an owner files an application to... Continue reading
The panel affirmed the district court’s summary judgment in favor of Google, Inc., in an action under the Lanham Act, seeking cancellation of the GOOGLE trademark on the ground that it is generic. The panel held that a claim of... Continue reading
Plaintiffs sued Defendants in 2010 for infringing U.S. Patent No. 6,296,805. After our most recent remand in this case, the district court invalidated claims 24 and 25 of U.S. Patent No. RE44,153, the reissue of the ’805 patent. We conclude... Continue reading
Grayson O Company (“Grayson O”), a haircare product manufacturer and holder of a registered trademark, brought this trademark and unfair competition action against Agadir International LLC (“Agadir”), a competitor haircare product manufacturer. The district court granted summary judgment to Agadir,... Continue reading
Posted May 12, 2017 at Creative Protection
AT&T appeals a final decision of the Patent Trial and Appeal Board in an inter partes reexamination. AT&T argues that the Board improperly instituted the reexamination proceedings and erred in finding that the challenged claims are invalid as anticipated. The... Continue reading
Rovalma, S.A. owns U.S. Patent No. 8,557,056, which describes and claims methods for making steels with certain desired thermal conductivities. In October 2014, Böhler-Edelstahl GmbH & Co. KG (Böhler) petitioned the Patent Trial and Appeal Board for an inter partes... Continue reading
Aylus Networks, Inc. appeals the United States District Court for the Northern District of California’s grant of summary judgment finding that Apple Inc.’s AirPlay feature does not infringe the asserted claims of U.S. Patent No. RE 44,412. For the reasons... Continue reading
NOVA Chemicals Corp. (Canada) and NOVA Chemicals Inc. (Delaware) (collectively, “NOVA”) appeal the district court’s award of approximately $2.5 million in attorney fees to Dow Chemical Co. (“Dow”) under 35 U.S.C. § 285. NOVA filed the underlying action in equity,... Continue reading
This case arises from Cisco Systems, Inc.’s (Cisco) request for inter partes reexamination before the U.S. Patent and Trademark Office of all claims of U.S. Patent No. 6,415,082 (’082 patent), which is owned by Cirrex Systems, Inc. (Cirrex). The ’082... Continue reading
Grayson O Company (“Grayson O”), a haircare product manufacturer and holder of a registered trademark, brought this trademark and unfair competition action against Agadir International LLC (“Agadir”), a competitor haircare product manufacturer. The district court granted summary judgment to Agadir,... Continue reading
This appeal arises from two inter partes reexaminations and an ex parte reexamination of U.S. Patent No. 7,324,833 (the ’833 patent), owned by Affinity Labs of Texas, LLC (Affinity). Richard King requested ex parte reexamination of all original claims of... Continue reading
This appeal arises from the inter partes reexamination of all claims, claims 1–42, of U.S. Patent No. 7,440,772 (the ’772 patent), owned by Affinity Labs of Texas, LLC (Affinity). Apple Inc. (Apple) requested the present reexamination after Affinity brought an... Continue reading
Plaintiff, Progressive Distribution Services, Inc. (“Progressive”) brought suit against Defendants, United Parcel Service, Inc., a Delaware corporation, United Parcel Service, Inc., an Ohio corporation, United Parcel Service of America, Inc., a Delaware corporation, and United Parcel Service Market Driver, a... Continue reading
Martinizing International, LLC commenced this action against BC Cleaners, LLC and two of its member-managers, Brent Lundell and Timothy Carver, asserting claims of LanhamAct trademark infringement, see 15 U.S.C. § 1125(a), and violation of the Minnesota Deceptive Trade Practices Act... Continue reading
Helsinn Healthcare S.A. (“Helsinn”) is the owner of the four patents-in-suit directed to intravenous formulations of palonosetron for reducing or reducing the likelihood of chemotherapy-induced nausea and vomiting (“CINV”). Helsinn brought suit against Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical... Continue reading
Plaintiff, Progressive Distribution Services, Inc. (“Progressive”) brought suit against Defendants, United Parcel Service, Inc., a Delaware corporation, United Parcel Service, Inc., an Ohio corporation, United Parcel Service of America, Inc., a Delaware corporation, and United Parcel Service Market Driver, a... Continue reading
Posted May 5, 2017 at Creative Protection
Martinizing International, LLC commenced this action against BC Cleaners, LLC and two of its member-managers, Brent Lundell and Timothy Carver, asserting claims of LanhamAct trademark infringement, see 15 U.S.C. § 1125(a), and violation of the Minnesota Deceptive Trade Practices Act... Continue reading
Posted May 5, 2017 at Creative Protection
Nichia Corporation sued Everlight Electronics Co., LTD., Everlight Americas, INC., and Zenaro Lighting, Inc. (collectively, “Everlight”) for infringement of three of its patents. Following a bench trial, the district court found Everlight infringed all three patents and had not proved... Continue reading
RecogniCorp sued Nintendo for patent infringement. The district court found that RecogniCorp’s patent claims ineligible subject matter and, based on that finding, granted Nintendo’s motion for judgment on the pleadings. RecogniCorp appeals. The patent’s claims are directed to the abstract... Continue reading
From The Hollywood Reporter by Eriq Gardner The Trump Administration has finally weighed in on copyright, a subject as contentious*** as healthcare or immigration. On Thursday, the Acting Solicitor General advised the U.S. Supreme Court that even though a lower... Continue reading
Posted May 5, 2017 at Creative Protection
Nichia Corporation sued Everlight Electronics Co., LTD., Everlight Americas, INC., and Zenaro Lighting, Inc. (collectively, “Everlight”) for infringement of three of its patents. Following a bench trial, the district court found Everlight infringed all three patents and had not proved... Continue reading