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James B. Gehrke
Wisconsin Advanced Technology Advocates, Inc.
Recent Activity
By Rachel Feltman February 1 On Monday, Britain's Human Fertilisation and Embryology Authority greenlighted experiments that will attempt to edit the genes of human embryos. The work, which will be the world's first officially approved use of public funding for... Continue reading
The Anticybersquatting Consumer Protection Act, § 43(d) of the Lanham Act, 15 U.S.C. § 1125(d), provides: “A person shall be liable . . . by the owner of a mark . . . if . . . that person .... Continue reading
Posted Jan 18, 2016 at Creative Protection
Affirming the district court’s summary judgment in a copyright infringement case, the panel held that, while the copyright holder bears the ultimate burden of establishing infringement, the party raising a first sale defense bears an initial burden with respect to... Continue reading
Posted Jan 18, 2016 at Creative Protection
Plaintiff Savant Home, Inc. (“Savant”) is a custom home designer and builder. It holds a registered copyright to a floor plan of a three-bedroom ranch house (“Anders Plan”). Savant built a model house embodying that plan in Windsor, Colorado (“Savant... Continue reading
Posted Jan 18, 2016 at Creative Protection
Rival claims to the “Stolichnaya” trademarks have been asserted by successors in interest to a Soviet enterprise and by an agency of the Russian Federation. The principal issue is whether the agency of the Russian Federation has been endowed by... Continue reading
Posted Jan 18, 2016 at Creative Protection
This appeal arises out of a trademark infringement suit filed by Peter Kiewit Sons’, Inc., in which the district court first entered a default against the defendants as a sanction for discovery abuses, and then proceeded to enter default judgment... Continue reading
Posted Jan 18, 2016 at Creative Protection
This appeal marks the latest chapter in a long-running business dispute between two siblings: Jimmy and Larry Flynt. At issue is whether the district court erred in modifying a 2011 permanent injunction that prohibited Jimmy (and his associated entities) from... Continue reading
Posted Jan 18, 2016 at Creative Protection
Ethicon Endo-Surgery, Inc. (“Ethicon”) owns U.S. Patent No. 8,317,070 (“the ’070 patent”). Covidien LP (“Covidien”) petitioned the United States Patent and Trademark Office (“PTO”) for inter partes review of claims 1–14 of the ’070 patent. The PTO, through a panel... Continue reading
This appeal marks the latest chapter in a long-running business dispute between two siblings: Jimmy and Larry Flynt. At issue is whether the district court erred in modifying a 2011 permanent injunction that prohibited Jimmy (and his associated entities) from... Continue reading
This appeal arises out of a trademark infringement suit filed by Peter Kiewit Sons’, Inc., in which the district court first entered a default against the defendants as a sanction for discovery abuses, and then proceeded to enter default judgment... Continue reading
Wi-LAN, Inc. (“Wi-LAN”) is the assignee of U.S. Patent No. RE37,802 (“’802 patent”), which concerns a wireless data communication technique called “MultiCode Direct-Sequence Spread Spectrum” (MC-DSSS). WiLAN asserts that the patented technique is embodied in several modern wireless communications standards.... Continue reading
Gregory E. Urbanski and Kevin W. Lang (collectively, “Urbanski”) appeal from the decision of the United States Patent and Trademark Office (“PTO”) Patent Trial and Appeal Board (the “Board”) affirming the Examiner’s rejection of claims 43–50 and 52–68 of U.S.... Continue reading
Rival claims to the “Stolichnaya” trademarks have been asserted by successors in interest to a Soviet enterprise and by an agency of the Russian Federation. The principal issue is whether the agency of the Russian Federation has been endowed by... Continue reading
Plaintiff Savant Home, Inc. (“Savant”) is a custom home designer and builder. It holds a registered copyright to a floor plan of a three-bedroom ranch house (“Anders Plan”). Savant built a model house embodying that plan in Windsor, Colorado (“Savant... Continue reading
Appellant Redline Detection, LLC (“Redline”) appeals the inter partes review (“IPR”) decision of the United States Patent and Trademark Office’s (“USPTO” or “the Office”) Patent Trial and Appeal Board (“the PTAB” or “the Board”), which denied Redline’s motion to submit... Continue reading
This case returns to us on remand from the Supreme Court. See Commil USA, LLC v. Cisco Sys., Inc., 135 S. Ct. 1920 (2015). While our previous opinion had remanded this case to the district court for a new trial,... Continue reading
Affirming the district court’s summary judgment in a copyright infringement case, the panel held that, while the copyright holder bears the ultimate burden of establishing infringement, the party raising a first sale defense bears an initial burden with respect to... Continue reading
The Anticybersquatting Consumer Protection Act, § 43(d) of the Lanham Act, 15 U.S.C. § 1125(d), provides: “A person shall be liable . . . by the owner of a mark . . . if . . . that person .... Continue reading
This is a companion case to Merck & Cie v. Gnosis S.p.A., No. 14-1777 (Fed. Cir. Dec. 17, 2015) (Gnosis I), also decided today. As Merck argued in that case, South Alabama Medical Science Foundation argues here that the prior... Continue reading
Mr. Thomas L. DiStefano, III, appeals the U.S. Patent and Trademark Office, Patent Trial and Appeal Board’s (“Board”) rejection of claims 24 through 26 of U.S. Patent Application No. 10/868,312 (’312 Application). The Board issued a Decision on Remand on... Continue reading
Online Resources Corporation (ORCC) and ACI Worldwide, Inc. (ACI, and collectively, ACI Worldwide) appeal from a March 2, 2015, order and judgment of the district court denying ACI Worldwide’s motion for partial summary judgment and granting partial summary judgment to... Continue reading
SightSound Technologies, LLC (“SightSound”) is the owner of U.S. Patent No. 5,191,573 (the “’573 patent”) and 5,966,440 (the “’440 patent”). Apple Inc. (“Apple”) petitioned the United States Patent and Trademark Office (“PTO”) for covered business method (“CBM”) review of claims... Continue reading
Openwave Systems, Inc., NKA Unwired Planet, Inc. (“Unwired Planet”) is the assignee of U.S. Patent Nos. 6,405,037 (“the ’037 patent”), 6,430,409 (“the ’409 patent”), and 6,625,447 (“the ’447 patent”) (collectively, the “patents-in-suit”). The patents-in-suit share a common specification. Unwired Planet... Continue reading
Corpus Christi, Texas, is the hub of Tejano music, a genre that particularly thrived from the 1970s through the 1990s. This case requires the court to flash back to that era and scrutinize two Tejano songs that were in the... Continue reading
This appeal arises from the inter partes review (“IPR”) of U.S. Patent No. 7,712,683 (“’683 patent”) owned by Prolitec, Inc. The United States Patent and Trademark Office, Patent Trial and Appeal Board (“Board”) concluded that both of the claims in... Continue reading