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James B. Gehrke
Intellectual Property Attorney at Gehrke & Associates, SC
Recent Activity
Sanofi owns U.S. Patent Nos. 8,318,800 and 8,410,167, which describe and claim compositions and uses of the cardiovascular (specifically, antiarrhythmic) drug dronedarone. The ’800 patent, which expires in 2019, claims pharmaceutical compositions containing dronedarone. The ’167 patent, which expires in... Continue reading
Two-Way Media Ltd. appeals from a decision of the United States District Court for the District of Delaware that found the claims of the asserted patents to be directed to patent ineligible subject matter under 35 U.S.C. § 101. Because... Continue reading
Watson Laboratories, Inc. appeals the District of Delaware’s final judgment holding Watson failed to prove by clear and convincing evidence that claims 9 and 11 of U.S. Patent No. 8,613,950 (“the ’950 patent”) would have been obvious. We hold the... Continue reading
MasterMine Software, Inc. appeals from a stipulated judgment of noninfringement and invalidity following adverse claim construction and indefiniteness rulings from the United States District Court for the District of Minnesota. Because the district court’s construction is supported by the intrinsic... Continue reading
This petition for a writ of mandamus arises in the context of a hotly contested trademark action initiated by San Diego Comic Convention (“SDCC”) against the producers of the Salt Lake Comic Con—Dan Farr Productions, Daniel Farr, and Bryan Brandenburg... Continue reading
LOURIE, Circuit Judge. Merck Sharp & Dohme Corp. (“Merck”) appeals from the decision of the United States District Court for the District of Delaware concluding, after a bench trial, that claims 21–34 (“the asserted claims”) of U.S. Patent 6,486,150 (“the... Continue reading
Plaintiff-Appellant AuSable River Trading Post, LLC (the “Trading Post”) filed this action against Defendants-Appellees Dovetail Solutions, Inc. (“Dovetail”) and Tawas Area Chamber of Commerce (the “Chamber”) for a declaratory judgment as to whether Defendants hold a valid, enforceable trademark for... Continue reading
SAS Institute (SAS) and World Programming Limited (WPL) are competitors in the market for statistical analysis software. SAS alleges that WPL breached a license agreement for SAS software and violated copyrights on that software. We agree with the district court... Continue reading
The International Trade Commission entered a limited exclusion order against Arista Networks, Inc. based on its final determination that Arista infringed three of Cisco Systems, Inc.’s patents. The Commission also determined that Arista did not infringe two other Cisco patents.... Continue reading
Appellant Smart Systems Innovations, LLC (“SSI”) sued Appellees Chicago Transit Authority et al. (collectively, “Appellees”) in the U.S. District Court for the Northern District of Illinois (“District Court”), alleging infringement of U.S. Patent Nos. 7,566,003 (“the ’003 patent”), 7,568,617 (“the... Continue reading
Secured Mail Solutions LLC appeals from the United States District Court for the Central District of California’s grant of a motion to dismiss on grounds that the claims of seven asserted patents are directed to subject matter ineligible for patenting... Continue reading
Organik Kimya AS (“Organik”) appeals the decisions of the Patent Trial and Appeal Board (“PTAB” or “Board”) in two related inter partes review (“IPR”) proceedings for which Organik is the Petitioner. The Patent Owner is the Rohm and Haas Company.... Continue reading
Fast Felt Corporation owns U.S. Patent No. 8,137,757, which describes and claims methods for printing nail tabs or reinforcement strips on roofing or building cover material. Fast Felt sued Owens Corning for infringement, and Owens Corning then filed a petition... Continue reading
Appellants Sanofi, Aventisub LLC, Regeneron Pharmaceuticals Inc., and Sanofi-Aventis U.S., LLC (collectively, “Appellants”) appeal from a final judgment of the district court holding U.S. Patent Nos. 8,829,165 (“’165 patent”) and 8,859,741 (“’741 patent”) not invalid and granting a permanent injunction... Continue reading
In this appeal, we consider the proper allocation of the burden of proof when amended claims are proffered during inter partes review proceedings (“IPRs”) under the Leahy-Smith America Invents Act (“AIA”), Pub. L. No. 112-29, § 6(a)–(c), 125 Stat. 284–341... Continue reading
“Imitation may be the sincerest form of flattery,” Charles C. Colton, Lacon, Vol. 1, No. 183 (1820–22), in Bartlett’s Familiar Quotations 393:5 (16th ed. 1992), but when the imitation consists of commercial reproduction for profit, all bets are off. So... Continue reading
This dispute between G. David Jang, M.D. (Dr. Jang) and Boston Scientific Corp. and Scimed Life Systems, Inc. (collectively, BSC), more than a decade old, returns to us for a fourth time. In the latest appeal of this case involving... Continue reading
Smith International, Inc. (“Smith”) appeals from a decision of the United States Patent and Trademark Office (“the PTO”) Patent and Trial Appeal Board (“the Board”) affirming the examiner’s rejections of claims 28–36, 39–46, 49, 50, 79–81, and 93–1001 of U.S.... Continue reading
Cray Inc. (“Cray”) petitions for a writ of mandamus vacating the order of the United States District Court for the Eastern District of Texas denying its motion to transfer the case to the United States District Court for the Western... Continue reading
NFC Technology, LLC (“NFC”) appeals from the final written decision of the U.S. Patent and Trademark Office Patent Trial and Appeal Board (“the Board”) in an inter partes review (“IPR”) proceeding concluding that claims 1–3 and 5 of U.S. Patent... Continue reading
Idemitsu Kosan Co., Ltd. (“Idemitsu”) seeks review of the July 29, 2016 decision of the Patent Trial and Appeal Board (“the Board”) finding claims 1–5, 7–11, 13, and 14 of U.S. Patent No. 8,334,648 (“the ’648 patent”) invalid as obvious... Continue reading
First Data Corporation (“First Data”) and Frank Bisignano (“Bisignano”) appeal from the district court’s dismissal of their counterclaims and their declaratory judgment action under Federal Rule of Civil Procedure 12(b)(1). See Bisignano v. Inselberg, Nos. 15-8301 (KM) (JBC), 16-317 (KM)... Continue reading
The present appeal arises from the dismissal of a declaratory judgment action in the Southern District of Florida. Allied Mineral Products, Inc. (“Allied”) sued three related entities, OSMI, Inc., Stellar Materials, Inc., and Stellar Materials, LLC (collectively “Stellar”), seeking a... Continue reading
Intellectual Ventures I LLC and Intellectual Ventures II LLC (collectively “IV”) brought suit against Motorola Mobility LLC (“Motorola”) in the United States District Court for the District of Delaware alleging infringement of claim 41 of U.S. Patent No. 7,810,144 (“the... Continue reading
Appellant Anthony Levandowski, an intervenor, seeks prevent discovery sought by Appellee Waymo LLC (“Waymo”). Waymo sued Uber Technologies, Inc. (“Uber”), Ottomotto LLC, and Otto Trucking LLC (together, “Ottomotto”) in the U.S. District Court for the Northern District of California (“District... Continue reading