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James B. Gehrke
Wisconsin Advanced Technology Advocates, Inc.
Recent Activity
UWM receives $300,000 to create 'Innovation Corps' site By Kathleen Gallagher of the Journal Sentinel April 21, 2015 The National Science Foundation has awarded a $300,000, three-year grant to the University of Wisconsin-Milwaukee to become an "Innovation Corps" site to... Continue reading
Ineos USA LLC accused Berry Plastics Corporation of infringing U.S. Patent No. 6,846,863. Ineos appeals from the district court’s summary judgment that the ’863 patent is invalid as anticipated under 35 U.S.C. § 102 (2006). We affirm. Download Ineos USA,... Continue reading
Vizio, Inc. appeals from the district court’s denial of attorneys’ and expert witness fees under 35 U.S.C. § 285, 28 U.S.C. § 1927, and the court’s inherent power. We hold that the district court abused its discretion in denying fees,... Continue reading
Automated Merchandising Systems, Inc. (AMS) petitioned the United States Patent and Trademark Office to terminate four pending inter partes reexaminations of four AMS patents that had been the subject of a patentinfringement suit between AMS and Crane Co., the requester... Continue reading
Plaintiff Slep-Tone Entertainment Corp. sued Defendants Karaoke Kandy Store, Inc., and Charles M. Polidori under federal and state law for unlawfully selling hard drives bearing Slep-Tone’s registered trademarks without authorization. After a four-day trial, the jury answered a single interrogatory... Continue reading
This case concerns the intersection between intellectual property rights and a Mardi Gras tradition. Haydel Enterprises appeals the district court’s grant of summary judgment to Nola Spice Designs and Raquel Duarte on claims of trademark infringement, unfair competition, trademark dilution,... Continue reading
Intellectual Ventures II LLC (“IV”) brought suit against JPMorgan Chase & Co.; JPMorgan Chase Bank, National Association; Chase Bank USA, National Association; Chase Paymentech Solutions, LLC; and Paymentech LLC (collectively, “JPMC”) in the United States District Court for the Southern... Continue reading
This appeal arises from the judgment of the United States District Court for the District of Connecticut following a jury trial on issues of infringement and invalidity of U.S. Patent 5,449,767 (“’767 patent”). The Plaintiffs, Enzo Biochem Inc., Enzo Life... Continue reading
Apotex, Inc. brought this action against Daiichi Sankyo Co., Ltd. and Daiichi Sankyo, Inc. (collectively, Daiichi) to obtain a declaratory judgment that Apotex will not infringe a patent owned but disclaimed by Daiichi if Apotex manufactures or sells a generic... Continue reading
In considering whether to abstain in mixed cases, where a plaintiff seeks both declaratory and nondeclaratory relief, a federal court’s task “is not to find some substantial reason for the exercise of federal jurisdiction [but] . . . to ascertain... Continue reading
Posted Apr 6, 2015 at Creative Protection
In sum, we vacate the district court’s injunction and its award of attorneys fees and remand for further proceedings consistent with this opinion. We reverse its awards of treble damages (leaving in place the jury’s award of profits) and prejudgment... Continue reading
Posted Apr 6, 2015 at Creative Protection
By Mark Johnson Researchers at the University of Wisconsin-Milwaukee will lead a new effort to detect low-frequency gravitational waves, a discovery that would give mankind a new picture of the universe and confirm one of the last unresolved predictions of... Continue reading
This appeal presents the question of whether a third party has the right to challenge, by way of the Administrative Procedure Act (APA), a ruling of the Patent and Trademark Office reviving a patent application that had become abandoned by... Continue reading
Kennametal, Inc. (“Kennametal”) appeals the decision of the Patent Trial and Appeal Board (the “Board”) in an inter partes reexamination of U.S. Patent No. 7,244,519 (the “’519 patent”) in which the Board: (a) entered a new anticipation ground of rejection... Continue reading
In this Hatch-Waxman Act litigation, Exela PharmSci Inc., Exela Holdings, Inc. and Exela Pharm Sciences, LLC (collectively “Exela”) appeal the district court’s construction of certain claim terms of U.S. Patents No. 6,028,222 (the “’222 patent”) and No. 6,992,218 (the “’218... Continue reading
This is a patent case brought under the HatchWaxman Act, Pub. L. No. 98-417, 98 Stat. 1585 (“the Act”), on appeal from the United States District Court for the District of Delaware. Pursuant to the Act, plaintiffsappellants Senju Pharmaceutical Co.,... Continue reading
Smart Candle, LLC, sells light-emitting diode (LED) flameless candles and commercial lighting systems internationally. On October 31, 2011, Excell Consumer Products sued Smart Candle under the LanhamAct alleging that, among other things, Smart Candle’s use of the trade name and... Continue reading
Smart Candle, LLC, sells light-emitting diode (LED) flameless candles and commercial lighting systems internationally. On October 31, 2011, Excell Consumer Products sued Smart Candle under the LanhamAct alleging that, among other things, Smart Candle’s use of the trade name and... Continue reading
Posted Mar 27, 2015 at Creative Protection
The panel affirmed the district court’s judgment after a jury trial on claims under the Lanham Act and Nevada state law regarding the use of Bob Marley images on apparel and other merchandise. Affirming the denial of defendants’ post-trial motion... Continue reading
Posted Mar 26, 2015 at Creative Protection
The holder of a trademark has certain rights, among them the power to prohibit another entity from using its mark without its consent. Those rights are subject to equitable defenses, including acquiescence, where the markholder affirmatively represents to another that... Continue reading
Posted Mar 26, 2015 at Creative Protection
Plaintiff appeals from a grant of summary judgment by the United States District Court for the Southern District of New York (Swain, J.), dismissing claims of trademark infringement, false designation of origin and unfair competition under the doctrine of res... Continue reading
The panel affirmed the district court’s judgment after a jury trial on claims under the Lanham Act and Nevada state law regarding the use of Bob Marley images on apparel and other merchandise. Affirming the denial of defendants’ post-trial motion... Continue reading
The holder of a trademark has certain rights, among them the power to prohibit another entity from using its mark without its consent. Those rights are subject to equitable defenses, including acquiescence, where the markholder affirmatively represents to another that... Continue reading
Plaintiff appeals from a grant of summary judgment by the United States District Court for the Southern District of New York (Swain, J.), dismissing claims of trademark infringement, false designation of origin and unfair competition under the doctrine of res... Continue reading
Posted Mar 26, 2015 at Creative Protection
Gilead Sciences, Inc. (“Gilead”) appeals the decision of the United States District Court for the Eastern District of Virginia granting summary judgment to the Director of the United States Patent and Trademark Office (“PTO”) on whether it properly calculated the... Continue reading