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James B. Gehrke
Wisconsin Advanced Technology Advocates, Inc.
Recent Activity
Oakville Hills Cellar, Inc. (“Oakville”), doing business as Dalla Valle Vineyards, appeals from the decision of the United States Patent and Trademark Office (“PTO”) Trademark Trial and Appeal Board (“the Board”) dismissing its opposition to an application filed by Georgallis... Continue reading
Posted Jul 11, 2016 at Creative Protection
Richard Bell sued several defendants for copyright infringement, alleging that they impermissibly displayed a photo belonging to Bell on websites promoting their respective businesses. Bell sought damages as well as injunctive and declaratory relief in federal district court. The district... Continue reading
Posted Jul 11, 2016 at Creative Protection
Appellants seek review of the district court’s summary judgment determination that U.S. Patent No. 7,604,929 (“’929 patent”) is invalid under 35 U.S.C. § 101. The district court concluded that the ’929 patent is directed to a patent-ineligible law of nature—that... Continue reading
This appeal involves an action brought by Amgen Inc. and Amgen Manufacturing Limited (collectively Amgen) against Apotex Inc. and Apotex Corp. (collectively Apotex) under the Biologics Price Competition and Innovation Act of 2009 (Biologics Act or BPCIA). Apotex has an... Continue reading
Richard Bell sued several defendants for copyright infringement, alleging that they impermissibly displayed a photo belonging to Bell on websites promoting their respective businesses. Bell sought damages as well as injunctive and declaratory relief in federal district court. The district... Continue reading
Oakville Hills Cellar, Inc. (“Oakville”), doing business as Dalla Valle Vineyards, appeals from the decision of the United States Patent and Trademark Office (“PTO”) Trademark Trial and Appeal Board (“the Board”) dismissing its opposition to an application filed by Georgallis... Continue reading
Appeal from a judgment of the United States District Court for the Western District of New York (Siragusa, J.), granting summary judgment to Plaintiffs‐Appellees, companies that own pizza restaurants in Elmira, New York, by the general name of “Pudgie’s,” on... Continue reading
Posted Jul 7, 2016 at Creative Protection
Flo & Eddie, Inc. (“Flo & Eddie”) appeals from a final order of the district court granting summary judgment in favor of Sirius XM Radio, Inc. (“Sirius”). We have had the benefit of oral argument and have reviewed the briefs... Continue reading
Posted Jul 7, 2016 at Creative Protection
This seemingly small case about chile pepper sourcing and document discovery has carried a surprisingly large punch, requiring us to try to fit together in a sensible way an aged statute, many and diverse judicial glosses given to that law,... Continue reading
Posted Jul 7, 2016 at Creative Protection
Plaintiff Home Design Services, Inc. (“Home Design”) has sued Defendants Turner Heritage Homes, Inc., et al. (“Turner”) for copyright infringement on Home Design’s architectural floor plan HDS-2089. According to Home Design, two of Turner’s floor plans, the Laurent and the... Continue reading
Posted Jul 7, 2016 at Creative Protection
This appeal concerns an award of attorney’s fees by the district court to Charles Lantz, who was the defendant in a suit brought by Richard Bell under the Copyright Act, 17 U.S.C. § 501 et seq., which was later voluntarily... Continue reading
Posted Jul 7, 2016 at Creative Protection
Appeal from a judgment of the United States District Court for the Western District of New York (Siragusa, J.), granting summary judgment to Plaintiffs‐Appellees, companies that own pizza restaurants in Elmira, New York, by the general name of “Pudgie’s,” on... Continue reading
Flo & Eddie, Inc. (“Flo & Eddie”) appeals from a final order of the district court granting summary judgment in favor of Sirius XM Radio, Inc. (“Sirius”). We have had the benefit of oral argument and have reviewed the briefs... Continue reading
This seemingly small case about chile pepper sourcing and document discovery has carried a surprisingly large punch, requiring us to try to fit together in a sensible way an aged statute, many and diverse judicial glosses given to that law,... Continue reading
This case involves one necessary condition, under 35 U.S.C. § 120, for treating a patent application, filed as a continuation of an earlier application, as having the earlier application’s filing date, not its own filing date. That timing benefit shrinks... Continue reading
Plaintiff Home Design Services, Inc. (“Home Design”) has sued Defendants Turner Heritage Homes, Inc., et al. (“Turner”) for copyright infringement on Home Design’s architectural floor plan HDS-2089. According to Home Design, two of Turner’s floor plans, the Laurent and the... Continue reading
This appeal concerns an award of attorney’s fees by the district court to Charles Lantz, who was the defendant in a suit brought by Richard Bell under the Copyright Act, 17 U.S.C. § 501 et seq., which was later voluntarily... Continue reading
Held: 1. Section 314(d) bars Cuozzo’s challenge to the Patent Office’s decision to institute inter partes review. Pp. 7–12. (a) The text of §314(d) expressly states that the Patent Office’s determinations whether to institute inter partes review “shall be final... Continue reading
Allied Erecting and Dismantling Co., Inc. (“Allied”) appeals the United States Patent Trial and Appeal Board’s (“PTAB”) decision, on inter partes reexamination, concluding that claims 1–21 of U.S. Patent No. 7,121,489 (“the ’489 patent”) would have been obvious over German... Continue reading
This is an appeal from decisions of the Patent Trial and Appeal Board in two inter partes review proceedings. At the behest of petitioner Biomarin Pharmaceutical Inc. (“Biomarin”), the Board held various claims of two patents owned by Genzyme Therapeutics... Continue reading
SAS Institute, Inc. filed an inter partes review (“IPR”) petition with the Patent Trial and Appeal Board (“Board”) to review the patentability of ComplementSoft’s U.S. Patent No. 7,110,936. The Board instituted an IPR proceeding on some, but not all, of... Continue reading
Plaintiff, a provider of healthcare services in New York and Pennsylvania, and Defendant, a provider of digital health-related content nationwide, both appeal from the judgment of the United States District Court for the Southern District of New York (Forrest, J.),... Continue reading
Defendant Vimeo, LLC, an Internet service provider, brings this interlocutory appeal on certified questions from the rulings of the United States District Court for the Southern District of New York (Abrams, J.), and Plaintiffs, who are owners of copyrights in... Continue reading
Held: 1. When deciding whether to award attorney’s fees under §505, a district court should give substantial weight to the objective reasonableness of the losing party’s position, while still taking into account all other circumstances relevant to granting fees. Pp.... Continue reading