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James B. Gehrke
Wisconsin Advanced Technology Advocates, Inc.
Recent Activity
In this appeal, we review Patent Trial and Appeal Board decisions in three Covered Business Method (“CBM”) reviews. The decisions addressed the subject matter eligibility of certain claims of U.S. Patent No. 6,384,850 (“’850 patent”), U.S. Patent No. 6,871,325 (“’325... Continue reading
The panel affirmed the district court’s judgment as a matter of law in favor of Electronic Arts, Inc., in a diversity action seeking unpaid royalties pursuant to a contract, arising from alleged copyright infringement. Plaintiff Robin Antonick developed the computer... Continue reading
Posted 4 days ago at Creative Protection
The panel affirmed the district court’s judgment as a matter of law in favor of Electronic Arts, Inc., in a diversity action seeking unpaid royalties pursuant to a contract, arising from alleged copyright infringement. Plaintiff Robin Antonick developed the computer... Continue reading
Christian Faith Fellowship Church appeals a final judgment of the Trademark Trial and Appeal Board that, in response to a petition filed by adidas AG, cancelled its trademarks for failing to use the marks in commerce before registering them. The... Continue reading
Posted 7 days ago at Creative Protection
The defendants in the underlying case, Rearden LLC, Rearden MOVA LLC, MO2, LLC, and MOVA, LLC, petition for a writ of mandamus to challenge the district court’s order compelling them to produce allegedly privileged documents. We conclude we have jurisdiction... Continue reading
Posted 7 days ago at Creative Protection
The defendants in the underlying case, Rearden LLC, Rearden MOVA LLC, MO2, LLC, and MOVA, LLC, petition for a writ of mandamus to challenge the district court’s order compelling them to produce allegedly privileged documents. We conclude we have jurisdiction... Continue reading
Christian Faith Fellowship Church appeals a final judgment of the Trademark Trial and Appeal Board that, in response to a petition filed by adidas AG, cancelled its trademarks for failing to use the marks in commerce before registering them. The... Continue reading
The Alfred E. Mann Foundation for Scientific Research sued Cochlear Corporation and Cochlear Ltd. for infringing claims 1 and 10 of U.S. Patent No. 5,609,616 and claims 6–7 of U.S. Patent No. 5,938,691, which cover implantable cochlear stimulators. After conducting... Continue reading
Unwired Planet, LLC (“Unwired”) appeals from the final written decisions of the Patent Trial and Appeal Board (“Board”) in Inter Partes Review (“IPR”) No. 2014- 00036 and Covered Business Method (“CBM”) Patent Review No. 2014-00005. Google Inc. v. Unwired Planet,... Continue reading
Perfect Surgical Techniques, Inc. (“PST”) appeals from a decision of the Patent Trial and Appeal Board (“Board”) invalidating claims 1, 4–6, 8, 9, 11, 12, 38, 41– 44, 46, 47, and 49 of U.S. Patent No. 6,030,384 (“’384 patent”). For... Continue reading
This is a patent case, in which the outcome turns on the application of the “abstract idea” test, a judiciallycreated limitation on patent eligibility under § 101 of the Patent Act, 35 U.S.C. § 101. Plaintiff-Appellant Amdocs (Israel) Limited (“Amdocs”)... Continue reading
X One X Productions, A.V.E.L.A., Inc., Art-Nostalgia.com, Inc., and Leo Valencia (collectively, “AVELA”) appeal a permanent injunction prohibiting them from licensing images from the films Gone with the Wind and The Wizard of Oz, as well as the animated short... Continue reading
This is an interlocutory appeal from a district court’s denial of a preliminary injunction in a reverse-confusion trademark dispute concerning the mark “FyreTV.” The district court denied the injunction because, among other reasons, the plaintiff pursued its preliminary-injunction motion with... Continue reading
NuVasive, Inc. owns U.S. Patent No. 8,187,334, which describes and claims implants for spinal fusion surgery. Medtronic, Inc.—which settled with NuVasive and has withdrawn from the present appeals—filed two petitions for inter partes review with the Patent and Trademark Office,... Continue reading
This appeal arises from a petition for inter partes review filed by Neste Oil Oyj (Neste) against claims 1–5 and 8 of U.S. Patent No. 8,231,804 (’804 patent), which is owned by REG Synthetic Fuels, LLC (REG). The United States... Continue reading
Collective, Inc. and Cross Commerce Media, Inc., two companies that provide data‐driven analytic software to businesses, dispute whether several of Collectiveʹs trademarks are valid and, if so, have been infringed by Cross Commerce Mediaʹs marks. In a series of decisions,... Continue reading
In this appeal, we principally address one requirement of the Digital Millennium Copyright Act (“DMCA”) safe harbor: that an internet service provider “adopt[] and reasonably implement[]” a policy to terminate “repeat infringers.” 17 U.S.C. § 512. The plaintiffs, all record... Continue reading
Medtronic, Inc. (“Medtronic”) has filed a petition for rehearing. Robert Bosch Healthcare Systems, Inc. (“Bosch”) opposes. The original panel decision, following our decision in GTNX, Inc. v. INTTRA, Inc., 789 F.3d 1309 (Fed. Cir. 2015), held that a determination by... Continue reading
This appeal arises from the examination of a number of claims of U.S. Patent Application No. 08/737,141 (“’141 application”). The examiner rejected all pending claims as obvious and the United States Patent and Trademark Office, Patent Trial and Appeal Board... Continue reading
Synopsys, Inc. appeals the District Court for the Northern District of California’s grant of summary judgment invalidating certain claims of U.S. Patent Nos. 5,530,841; 5,680,318; and 5,748,488 (collectively, the Gregory Patents) under 35 U.S.C. § 101. See Synopsys, Inc. v.... Continue reading
This case is about disavowal of claim scope. The specification and prosecution history of Poly-America, L.P.’s (“Poly-America”) U.S. Patent No. 8,702,308 (“’308 patent”) contain clear and unequivocal statements that the inventor intended to limit the claimed invention to a trash... Continue reading
TOLL, Circuit Judge. Massachusetts Institute of Technology and Children’s Medical Center Corporation (collectively, “MIT”) brought suit against Shire Pharmaceuticals, Inc. and Shire Regenerative Medicine, Inc. (collectively, “Shire”) for infringement of U.S. Patent Nos. 5,770,193 and 5,759,830. The ’193 and ’830... Continue reading
FairWarning IP, LLC, appeals a judgment of the United States District Court for the Middle District of Florida dismissing its suit with prejudice after holding that the asserted patent, U.S. Patent No. 8,578,500, claims patent-ineligible subject matter under 35 U.S.C.... Continue reading
The current appeal results from a patent infringement suit and countersuit between Apple Inc. (“Apple”) and Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively, “Samsung”). Relevant to this en banc decision, the district court... Continue reading
On appeal from a judgment entered in the Southern District of New York (Daniels, J.) dismissing an action for copyright infringement by the heirs of William “Bud” Abbott and Lou Costello, plaintiffs challenge the district court’s determination, made as a... Continue reading