This is James B. Gehrke's Typepad Profile.
Join Typepad and start following James B. Gehrke's activity
Join Now!
Already a member? Sign In
James B. Gehrke
Intellectual Property Attorney at Gehrke & Associates, SC
Recent Activity
The United States District Court for the Eastern District of Wisconsin granted Metalcraft of Mayville, Inc.’s motion for a preliminary injunction precluding The Toro Company and Exmark Manufacturing Co., Inc. from making, using, selling, and offering to sell lawnmowers equipped... Continue reading
Organik Kimya San. ve Tic., A.Ş., Organik Kimya Netherlands B.V., and Organik Kimya US, Inc. (collectively, “Organik Kimya”) appeal from the International Trade Commission’s (“the Commission” or “ITC”) decision imposing default judgment sanctions for spoliation of evidence and entering a... Continue reading
Apple Inc. petitioned for inter partes review of various claims of PersonalWeb Technologies, LLC’s U.S. Patent No. 7,802,310, asserting unpatentability for obviousness based on two prior-art references. After instituting review, the Patent Trial and Appeal Board reviewed the claims and... Continue reading
MPHJ Technology Investments, LLC appeals the decision of the Patent Trial and Appeal Board (“Board” or “PTAB”), on Inter Partes Review, that claims 1–8 of MPHJ’s U.S. Patent No. 8,488,173 (“the ’173 Patent”) are invalid on the grounds of anticipation... Continue reading
Defendant Donald Bowers was previously involved in a civil trade secret misappropriation case that was litigated in the United States District Court for the District of Utah. During the course of that litigation, Bowers willfully and repeatedly violated a permanent... Continue reading
Plaintiffs (collectively, Shire) sued Defendants (collectively, Watson) for infringing claims 1 and 3 of U.S. Patent No. 6,773,720 by filing Abbreviated New Drug Application No. 203817 with the Food and Drug Administration seeking to market a generic version of Shire’s... Continue reading
Defendant-Appellant Sirius XM Radio, Inc., appeals from the November 14, 2014 and December 12, 2014 orders of the United States District Court for the Southern District of New York (McMahon, J.) denying its motions, respectively, for summary judgment and for... Continue reading
Defendant-Appellant Sirius XM Radio, Inc., appeals from the November 14, 2014 and December 12, 2014 orders of the United States District Court for the Southern District of New York (McMahon, J.) denying its motions, respectively, for summary judgment and for... Continue reading
Posted 4 days ago at Creative Protection
Plaintiffs allege that the defendants-appellees (collectively “Takeda”) prevented competitors from timely marketing a generic version of Takeda’s diabetes drug ACTOS by falsely describing two patents to the Food and Drug Administration. Plaintiffs claim that these false patent descriptions channeled Takeda’s... Continue reading
Plaintiff Verisign, Inc. is in the business of selling internet domain names and operates the popular .com and .net top-level domains. In 2014, a competitor arrived on the scene: Defendant XYZ.COM, LLC (“XYZ”) launched “.xyz,” a new top-level domain, and... Continue reading
The panel affirmed in part and reversed in part the district court’s summary judgment in favor of the defendants in an action under the Copyright Act. Design Data Corporation alleged that Unigate Enterprise, Inc., infringed the copyright on Design Data’s... Continue reading
This Lanham Act case turns on whether the shape and design of a small bag, modeled after a men’s Dopp Kit and used in personal care kits, are functional and therefore not protected as trade dress. Plaintiff sells personal care... Continue reading
This Lanham Act case turns on whether the shape and design of a small bag, modeled after a men’s Dopp Kit and used in personal care kits, are functional and therefore not protected as trade dress. Plaintiff sells personal care... Continue reading
Posted Feb 3, 2017 at Creative Protection
Cumberland Pharmaceuticals, Inc. owns U.S. Patent No. 8,399,445, which describes and claims acetylcysteine compositions substantially free of chelating agents. It is listed in the Food and Drug Administration’s Approved Drug Products with Therapeutic Equivalence Evaluations (the Orange Book) as covering... Continue reading
This is an appeal from the grant of a preliminary injunction. The United States District Court for the Eastern District of Texas ruled for the patentee, Tinnus Enterprises, LLC, and entered a preliminary injunction barring Telebrands Corporation from selling its... Continue reading
The panel affirmed the district court’s judgment in favor of the defendants in a copyright case involving the Usenet, an international collection of organizations and individuals whose computers connect to one another and exchange messages posted by Usenet users. Defendant... Continue reading
CLAY, Circuit Judge. Defendant Creative Harbor, LLC (“Creative Harbor”) appeals the judgment entered by the district court on February 1, 2016, voiding Creative Harbor’s trademark applications numbered 86198230 and 86198309, respectively. Creative Harbor challenges the district court’s determinations that: (1)... Continue reading
The panel affirmed the district court’s dismissal of claims for trademark infringement and unfair competition brought under the Lanham Act by a producer of karaoke music tracks. The plaintiff alleged that the defendants performed karaoke shows using unauthorized “media-shifted” files... Continue reading
This appeal requires us to again consider the preemptive force of the Copyright Act. Plaintiff Ultraflo Corporation asserts an unfair competition by misappropriation claim under Texas law alleging that a competitor stole its drawings showing how to design valves and... Continue reading
Granted, there is counterfeiting of books (especially text‐ books), in which Amazon may be involved to the extent of advertising and selling such books, though without neces‐ sarily knowing they’re counterfeit. See, e.g., Eliza Green, “The Problem of Fake Books... Continue reading
Eli Lilly & Co. (“Eli Lilly”) is the owner of U.S. Patent No. 7,772,209 (“’209 patent”). It filed this consolidated Hatch-Waxman suit against Teva Parenteral Medicines, Inc.; APP Pharmaceuticals LLC; Pliva Hrvatska D.O.O.; Teva Pharmaceuticals USA, Inc.; and Barr Laboratories,... Continue reading
Appellant Phigenix, Inc. (“Phigenix”) sought inter partes review of U.S. Patent No. 8,337,856 (“the ’856 patent”), alleging that claims 1–8 (“the Asserted Claims”) of the subject patent are unpatentable as obvious over various prior art references. In its final written... Continue reading
Sonix Technology Co., Ltd. (“Sonix”) appeals from the district court’s grant of summary judgment following its determination that claims 9, 25, 35–36, 52–55, 57–60, 62– 64, 66, 68, 71–77, 79–82, and 85–90 (“the asserted claims”) of Sonix’s U.S. Patent 7,328,845... Continue reading
Appellants Marcel Van Os and other inventors at Apple Inc. (collectively, “Van Os”) appeal from a decision of the Patent Trial and Appeal Board (“Board”) affirming the examiner’s rejection of claims 38–41 of U.S. Patent Application No. 12/364,470 (“the ’470... Continue reading
Ethicon, Inc. (“Ethicon”) appeals from the U.S. Patent and Trademark Office (“PTO”) Patent Trial and Appeal Board’s (“the Board’s”) decision in a merged inter partes reexamination affirming the examiner’s obviousness rejection of claims 1–17 and 19–23 of U.S. Patent 7,591,844... Continue reading