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James B. Gehrke
www.gehrke-law.com
Intellectual Property Attorney at Gehrke & Associates, SC
Recent Activity
Appellant North Carolina Lottery (“N.C. Lottery”) seeks to register the mark “FIRST TUESDAY” in connection with lottery services and games, to market the introduction of new scratch-off lottery games on the first Tuesday of each month. It appeals the decision... Continue reading
Amgen Inc. (“Amgen”) appeals an order of the United States District Court for the District of Delaware denying Amgen’s motion to compel discovery from Hospira, Inc. (“Hospira”) in a patent infringement case governed by the Biologics Price Competition and Innovation... Continue reading
Romag Fasteners, Inc. (“Romag”) owns U.S. Patent No. 5,722,126 (“’126 patent”) on magnetic snap fasteners, which it sells under its registered trademark, ROMAG, U.S. Trademark Reg. No. 2,095,367 (“’367 trademark”). Romag sued Fossil, Inc. and various retailers (together, “Fossil”) for,... Continue reading
i.am.symbolic, llc (“Symbolic”) appeals from decisions of the U.S. Patent and Trademark Office (“the PTO”) Trademark Trial and Appeal Board (“the Board”) affirming the examining attorney’s refusal to register the mark I AM (“the mark”) in standard characters for goods... Continue reading
Personal Audio, LLC appeals the decision of the Patent Trial and Appeal Board (PTAB or “Board”) in inter partes review (IPR) of United States Patent No. 8,112,504 (“the ’504 Patent”). This IPR was instituted on petition of the Electronic Frontier... Continue reading
Homeland Housewares, LLC (“Homeland”) petitioned the United States Patent and Trademark Office Patent Trial and Appeal Board (“Board”) for an inter partes review of claims 1–16 of U.S. Patent No. 7,581,688 (“’688 patent”), which is assigned to Whirlpool Corporation (“Whirlpool”).... Continue reading
Honeywell International, Inc. (“Honeywell”) appeals from a decision of the U.S. Patent and Trademark Office (“the PTO”) Patent Trial and Appeal Board (“the Board”) affirming the Examiner’s rejection, in two merged inter partes reexaminations, of claims 1–26, 31–37, 46–49, 58,... Continue reading
This case arises from Kerry Earnhardt, Inc.’s (KEI) trademark application with the U.S. Patent and Trademark Office (PTO) to register the mark EARNHARDT COLLECTION for “furniture” in class 20 and “custom construction of homes” in class 37. Teresa Earnhardt opposed... Continue reading
Regeneron Pharmaceuticals, Inc. (“Regeneron”) appeals from a final judgment of the district court holding U.S. Patent No. 8,502,018 (“’018 patent”) unenforceable because of Regeneron’s inequitable conduct during prosecution. Regeneron also appeals the district court’s construction of several claim terms and... Continue reading
Soft Gel Technologies, Inc., appeals from three inter partes reexamination decisions of the Patent Trial and Appeal Board. The Board’s decisions invalidated numerous claims in each of three related Soft Gel patents for obviousness. We affirm. Download Soft Gel Technologies... Continue reading
Global Connect, L.L.C. and T C N, Inc. (collectively, the Defendants) appeal from a jury verdict finding they infringed U.S. Patent Nos. 8,135,122 and 8,565,399. Because the district court erred in its claim construction, we reverse and remand. Download NobelBiz... Continue reading
This case concerns a trademark that once enjoyed widespread recognition but has since grown considerably weaker. Since the 1950s, Parks Sausage Company has manufactured or licensed sausage under the brand name “PARKS.” the owners of the frankfurter brand BALL PARK,... Continue reading
Velcade®. Appellees in Appeal Nos. 15-2066, 16-1008, 16- 1009, 16-1010, 16-1110, 16-1283, and 16-1762 (collectively, “Sandoz”) all filed abbreviated new drug applications (“ANDAs”), admitting infringement and seeking to invalidate various claims of the ’446 Patent. Based on the litigation that... Continue reading
The panel affirmed in part and reversed in part the district court’s judgment, after a bench trial, in favor of the defendant in a trademark infringement action under the Lanham Act. Defendant Omnia Italian Design, Inc., copied and began selling... Continue reading
Appellant Genband US LLC sued Metaswitch Networks Corp. and Metaswitch Networks Ltd. (together, Metaswitch) for patent infringement. After a jury found that Metaswitch infringed various claims of several of Genband’s patents, and that the claims at issue had not been... Continue reading
The panel reversed the district court’s summary judgment in favor of the defendants in a trademark infringement suit. The panel held that the plaintiff adequately pleaded a cause of action for trademark infringement under a “reverse confusion” theory of likely... Continue reading
IPCom GmbH & Co. (IPCom) is the owner of U.S. Patent No. 6,879,830 (’830 patent), which describes and claims a method and system for handing over a mobile phone call from one base station to another base station. After IPCom... Continue reading
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AdjustaCam sued Newegg and dozens of other defendants for patent infringement. Although AdjustaCam voluntarily dismissed most defendants early in the litigation, it continued to litigate against Newegg, including through a Markman order and extended expert discovery. Just before summary judgment... Continue reading
Nantkwest, Inc. appeals from a decision of the United States District Court for the Eastern District of Virginia granting-in-part and denying-in-part the United States Patent and Trademark Office (“USPTO”) Director’s motion for fees. In its order, the district court granted... Continue reading
The Board of Trustees of the Leland Stanford Junior University (“Stanford”) appeals from orders of the Patent Trial and Appeal Board (“Board”) in three interference proceedings between Stanford and the Chinese University of Hong Kong (“CUHK”). In all of these... Continue reading
by Lauren J. Young The children really are our future—some of the most innovative ideas and inventions can come from our youth. The creative caliber of young inventors’ scientific ideas was reflected at the May 2017 Intel International Science and... Continue reading
In the fight against the viruses that invade everyday life, seeing and understanding the battleground is essential. Scientists at the Morgridge Institute for Research have, for the first time, imaged molecular structures vital to how a major class of viruses... Continue reading
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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