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James B. Gehrke
Wisconsin Advanced Technology Advocates, Inc.
Recent Activity
ClassCo, Inc. appeals from a decision of the Patent Trial and Appeal Board in inter partes reexamination No. 95/002,109 of ClassCo’s U.S. Patent No. 6,970,695. The Board affirmed an examiner’s rejection of claims 2–5, 7, 9, 10, 14, 17, 18,... Continue reading
This case returns to us on vacatur and remand from the Supreme Court, “for further consideration in light of Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. __ (2016).” WesternGeco LLC v. ION Geophysical Corp., No. 15-1085, 2016 WL... Continue reading
Yeda Research and Development Co., Ltd. (“Yeda”) appeals two decisions by the United States District Court for the District of Columbia—one decided in 2008 (No. 2015-1663) and the other in 2015 (No. 2015-1662). Both district court decisions reviewed determinations by... Continue reading
This is an appeal from a decision of the Patent Trial and Appeal Board in an inter partes review. The Board held various claims of a patent owned by Wi-Fi One, LLC (“Wi-Fi”), to be anticipated. We affirm. Download Wi-Fi... Continue reading
Defendant-Appellant LifeCell Corporation (“LifeCell”) appeals from a final judgment of the U.S. District Court for the Eastern District of Virginia entered in favor of Plaintiff-Appellee LifeNet Health (“LifeNet”). Following claim construction and trial, a jury found LifeNet’s U.S. Patent No.... Continue reading
Luis Adrián Cortés Ramos ("Cortés") appeals from the dismissal of his contract and intellectual property claims against a variety of companies affiliated with Sony Music Entertainment ("Sony"). The dispute concerns an original song and music video that Cortés submitted to... Continue reading
Posted Sep 16, 2016 at Creative Protection
Luis Adrián Cortés Ramos ("Cortés") appeals from the dismissal of his contract and intellectual property claims against a variety of companies affiliated with Sony Music Entertainment ("Sony"). The dispute concerns an original song and music video that Cortés submitted to... Continue reading
This appeal is from a grant of judgment on the pleadings under Fed. R. Civ. P. 12(c) that the asserted claims of U.S. Patent Nos. 6,307,576 (‘‘the ’576 patent’’) and 6,611,278 (‘‘the ’278 patent’’) are invalid. The United States District... Continue reading
Dynamic 3D Geosolutions LLC (“Dynamic 3D”), along with Acacia Research Corporation and Acacia Research Group LLC (collectively, “Acacia”), appeal from the decision of the United States District Court for the Western District of Texas disqualifying counsel and dismissing its patent... Continue reading
This case returns to us on remand from the Supreme Court of the United States. Halo Elecs., Inc. v. Pulse Elecs., Inc., 136 S. Ct. 1923 (2016). In the original appeal, Zimmer, Inc., Zimmer Surgical, Inc., and Zimmer Orthopaedic Surgical... Continue reading
At issue in this trademark case is whether Florida National University, Inc. (“FNU”), infringed the trademark rights of Florida International University (“FIU”) in its registered trademark “FLORIDA INTERNATIONAL UNVERSITY” or committed unfair competition when FNU changed its name from “Florida... Continue reading
Posted Sep 12, 2016 at Creative Protection
Lanham Act / Extraterritorial Application. The panel affirmed in part and reversed in part the district court’s dismissal of trademark infringement and unfair competition claims for lack of subject-matter jurisdiction. Defendant Michael Norman Hallatt purchased Trader Joe’s-branded goods in Washington... Continue reading
Posted Sep 12, 2016 at Creative Protection
The district court granted summary judgment to KDAR and we affirm. Forney’s use of color, which was not associated with any particular shape, pattern, or design, was not adequately defined to be inherently distinctive, and Forney failed to produce sufficient... Continue reading
Posted Sep 12, 2016 at Creative Protection
The district court abused its discretion when it entertained S.C. Johnson’s post-trial argument that Nutraceutical failed to prove continuous use of the BUG OFF mark after 2012. Because the district court did not clearly err in finding that Nutraceutical maintained... Continue reading
Posted Sep 12, 2016 at Creative Protection
Two words, “Diamond” and “Tire,” incorporated within the names of two Delaware businesses, have been the focus and drivers of expedited litigation in this Court. Diamond State Tire, Inc. (“Diamond State”) alleges that Diamond Town Tire Pros & Auto Care... Continue reading
Posted Sep 12, 2016 at Creative Protection
This trademark case involves a challenge to the district court’s award of attorney’s fees to the plaintiff. We find that the district court lacked jurisdiction to cancel the defendant’s federal trademark registrations, and that as a result, the plaintiff was... Continue reading
Posted Sep 12, 2016 at Creative Protection
Four years ago, we affirmed a judgment that a Puerto Rico credit union (in Spanish, a "cooperativa") infringed on the trademark rights of a competing bank by adopting a confusingly similar logo and trade dress. Oriental Fin. Grp., Inc. v.... Continue reading
Posted Sep 12, 2016 at Creative Protection
Affirming the district court’s summary judgment, the panel held that the plaintiff was the assignee of a valid trademark co-existence agreement entered into with the former owner of the registered mark “Crazy Horse” and therefore had the right to use... Continue reading
Posted Sep 12, 2016 at Creative Protection
The panel reversed the district court’s summary judgment in favor of Jim Beam Brands Co. on claims of trademark infringement, false designation of origin, and unfair competition brought under the Lanham Act and Nevada state law by JL Beverage Co.,... Continue reading
Posted Sep 12, 2016 at Creative Protection
The panel affirmed the district court’s summary judgment in favor of the defendants in a copyright infringement case. Will Loomis, composer of the song “Bright Red Chords,” alleged that the defendants stole a two-measure vocal melody and used it as... Continue reading
Posted Sep 12, 2016 at Creative Protection
Software maker GlobeRanger obtained a $15 million judgment in a trade secret misappropriation trial against competitor Software AG. Software AG challenges that result on a number of grounds, but its principal argument is that GlobeRanger finds itself in a jurisdictional... Continue reading
Posted Sep 12, 2016 at Creative Protection
The panel affirmed in part and reversed in part the district court’s summary judgment in favor of defendant Electronic Arts, Inc., in a copyright infringement and trade secrets case. Electronic Arts, maker of The Sims, a computer game, contracted with... Continue reading
Posted Sep 12, 2016 at Creative Protection
Andrew Leonard, a stem cell photographer, and Stemtech International, Inc., a company that sells nutritional supplements through independent distributors, cross appeal various rulings in the copyright infringement lawsuit Leonard brought against Stemtech in the District of Delaware. For the reasons... Continue reading
Posted Sep 12, 2016 at Creative Protection
In a case arising out of a copyright dispute over Live Nation’s unauthorized use, on t-shirts and a calendar, of photographs Glen Friedman took of the hip hop group Run- DMC, the panel (a) reversed the district court’s summary judgment... Continue reading
Posted Sep 12, 2016 at Creative Protection
Carpenters have a saying: measure twice, cut once. This litigation might have been averted if that adage had been observed here. In 1984, Jesus Muhammad‐Ali painted a portrait of the leader of the Nation of Islam, Louis Farrakhan. In 2013,... Continue reading
Posted Sep 12, 2016 at Creative Protection