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James B. Gehrke
Intellectual Property Attorney at Gehrke & Associates, SC
Recent Activity
These consolidated appeals arise from a district court action filed by Raytheon Company (Raytheon) against Indigo Systems Corporation and FLIR Systems (FLIR) (collectively, Indigo) for trade secret misappropriation and patent infringement. The patent infringement claims were settled by the parties... Continue reading
Frederick Allen, a videographer, and Nautilus Productions, LLC, Allen’s video production company, commenced this action, which, at its core, alleges that North Carolina, its agencies, and its officials (collectively, “North Carolina”) violated Allen’s copyrights by publishing video footage and a... Continue reading
Campbell Company (“Campbell”) appeals from the final judgment of the United States District Court for the Central District of California entering judgment in favor of Polara Engineering Inc. (“Polara”) on its claim for infringement of claims 1–4 (“the asserted claims”)... Continue reading
The panel affirmed in part and reversed in part the district court’s dismissal of claims for resale royalties under the California Resale Royalties Act, which grants artists an unwaivable right to 5% of the proceeds on any resale of their... Continue reading
Apple Inc. and Google LLC appeal from the Patent Trial and Appeal Board’s decision to grant ContentGuard Holdings, Inc.’s motion to amend in a covered business method review of U.S. Patent 7,774,280. Because the Board applied the wrong legal standard... Continue reading
Maine Supreme Court decision under Maine’s Actions for Bad Faith Assertion of Patent Infringement statute, Me. Rev. Stat. 14, 8701-8702. Puritan Medical Products Company LLC appeals from a summary judgment entered in the Business and Consumer Docket (Mulhern, J.) in... Continue reading
Power Integrations, Inc. owns U.S. Patent Nos. 6,212,079 (“the ’079 patent”) and 6,538,908 (“the ’908 patent”). Power Integrations sued Fairchild Semiconductor Corporation and Fairchild (Taiwan) Corporation (collectively “Fairchild”) for infringement. A jury found Fairchild literally infringed claims 31, 34, 38,... Continue reading
IT IS ORDERED THAT: (1) The motion to remand is granted. The Board is directed to promptly issue a final written decision as to all grounds raised in Adidas’s petitions. (2) Each side shall bear its own costs. Download Adidas... Continue reading
The panel affirmed the district court’s judgment in favor of Pinkette Clothing, Inc., which sells LUSH-branded women’s fashions, in a case in which Cosmetic Warriors Limited (CWL), which sells LUSH-branded cosmetics and related goods, sought (a) an injunction restraining Pinkette... Continue reading
Lannett Holdings Inc. and Lannett Co. Inc. (together, “Lannett”) appeal from the decision of the United States District Court for the District of Delaware concluding, after a bench trial, that claims 4, 11, 12, and 14 of U.S. Patent 6,760,237... Continue reading
WesternGeco’s award for lost profits was a permissible domestic application of §284 of the Patent Act. Pp. 4–10. (a) The presumption against extraterritoriality assumes that federal statutes “apply only within the territorial jurisdiction of the United States.” Foley Bros., Inc.... Continue reading
The panel affirmed in part and reversed in part the district court’s summary judgment in favor of the defendant in a copyright case. Plaintiff Experian Information Systems, Inc., compiled the ConsumerView Database, which contains more than 250 million records, each... Continue reading
This case concerns Luis Adrián Cortés-Ramos' appeal from a District Court order that dismissed his claims that the singer Enrique Martin-Morales violated various articles of the Puerto Rico Civil Code and federal copyright and trademark laws. The suit arises in... Continue reading
The panel affirmed the district court’s grant of summary judgment in favor of CoreLogic, Inc., on professional real estate photographers’ claims that CoreLogic removed copyright management information from their photographs and distributed their photographs with the copyright management information removed,... Continue reading
Royal Crown Company, Inc. and Dr Pepper/Seven Up, Inc. (together, “Royal Crown”) appeal a decision of the Trademark Trial and Appeal Board (“the Board”) dismissing Royal Crown’s opposition to the registration of The Coca Cola Company’s (“TCCC”) trademarks for various... Continue reading
Sirona Dental Systems GmbH appeals the final written decision of the Patent Trial and Appeal Board (“Board”) holding claims 1–8 of U.S. Patent No. 6,319,006 unpatentable as obvious over the combination of German Patent No. 195 10 294 (“Bannuscher”) and... Continue reading
Appellant FastShip, LLC (“FastShip”) sued the United States (“the Government”) in the U.S. Court of Federal Claims, seeking damages for patent infringement pursuant to 28 U.S.C. § 1498 (2012). According to FastShip, the U.S. Department of the Navy’s (“Navy”) Freedom-class... Continue reading
Colonel Edmund Haynes Taylor, Jr., “the most remarkable man to enter the whiskey industry during the post-Civil War years,” built the Old Taylor Distillery in 1887. Once the “most magnificent plant of its kind in Kentucky,” the distillery fell into... Continue reading
Appellee Stone Basket Innovations, LLC (“Stone”) sued Appellant Cook Medical LLC (“Cook”) in the U.S. District Court for the Southern District of Indiana (“District Court”), alleging infringement of U.S. Patent No. 6,551,327 (“the ’327 patent”). Following a dismissal with prejudice,... Continue reading
This is a consolidated appeal from two related decisions of the U.S. Patent and Trademark Office’s Patent Trial and Appeals Board (Board) in inter partes review (IPR) proceedings. The Board concluded that the petitioner, Medtronic, Inc., had not proven that... Continue reading
James Fryer and the Alliance for Water Efficiency set out to produce a study about drought. Unfortunately, the collaboration ran dry, and the Alliance sued Fryer under the Copyright Act, 17 U.S.C. §§ 101 et seq. The lawsuit proved to... Continue reading
PGS Geophysical AS owns U.S. Patent No. 6,906,981, which describes and claims methods and systems for performing “marine seismic surveying” to determine the structure of earth formations below the seabed. WesternGeco, L.L.C., a competitor of PGS’s, filed three petitions requesting... Continue reading
Plaintiffs appeal from the dismissal of their suit by the United States District Court for the Southern District of New York (Paul A. Engelmayer, District Judge). Plaintiffs John Wilson, Charles Still, and Terrance Stubbs are former members of a musical... Continue reading
The panel reversed the district court’s summary judgment in favor of the defendant in a suit for trademark infringement. Moldex-Metric, Inc., a producer of foam ear plugs with a specific bright green color, alleged that McKeon Products, Inc., infringed its... Continue reading
Zeroclick, LLC sued Apple Inc. in the U.S. District Court for the Northern District of California, asserting claims 2 and 52 of U.S. Patent No. 7,818,691 and claim 19 of U.S. Patent No. 8,549,443. The district court found the asserted... Continue reading