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James B. Gehrke
Intellectual Property Attorney at Gehrke & Associates, SC
Recent Activity
The panel affirmed in part and reversed in part the district court’s judgment, after a bench trial, in favor of the defendant in a trademark infringement action under the Lanham Act. Defendant Omnia Italian Design, Inc., copied and began selling... Continue reading
Appellant Genband US LLC sued Metaswitch Networks Corp. and Metaswitch Networks Ltd. (together, Metaswitch) for patent infringement. After a jury found that Metaswitch infringed various claims of several of Genband’s patents, and that the claims at issue had not been... Continue reading
The panel reversed the district court’s summary judgment in favor of the defendants in a trademark infringement suit. The panel held that the plaintiff adequately pleaded a cause of action for trademark infringement under a “reverse confusion” theory of likely... Continue reading
IPCom GmbH & Co. (IPCom) is the owner of U.S. Patent No. 6,879,830 (’830 patent), which describes and claims a method and system for handing over a mobile phone call from one base station to another base station. After IPCom... Continue reading
AdjustaCam sued Newegg and dozens of other defendants for patent infringement. Although AdjustaCam voluntarily dismissed most defendants early in the litigation, it continued to litigate against Newegg, including through a Markman order and extended expert discovery. Just before summary judgment... Continue reading
Nantkwest, Inc. appeals from a decision of the United States District Court for the Eastern District of Virginia granting-in-part and denying-in-part the United States Patent and Trademark Office (“USPTO”) Director’s motion for fees. In its order, the district court granted... Continue reading
The Board of Trustees of the Leland Stanford Junior University (“Stanford”) appeals from orders of the Patent Trial and Appeal Board (“Board”) in three interference proceedings between Stanford and the Chinese University of Hong Kong (“CUHK”). In all of these... Continue reading
by Lauren J. Young The children really are our future—some of the most innovative ideas and inventions can come from our youth. The creative caliber of young inventors’ scientific ideas was reflected at the May 2017 Intel International Science and... Continue reading
In the fight against the viruses that invade everyday life, seeing and understanding the battleground is essential. Scientists at the Morgridge Institute for Research have, for the first time, imaged molecular structures vital to how a major class of viruses... Continue reading
This patent interference contest involves methods of treating hepatitis C by administering compounds having a specific chemical and stereochemical structure, based on the following foundation formula of a five-membered ring having the fluorine substituent in the 2´(down) position: Storer Br.... Continue reading
The panel affirmed the district court’s order denying defendants’ anti-SLAPP motion to strike a state law claim for breach of implied-in-fact contract in a copyright case. The plaintiff alleged that the defendants infringed his copyright in a screenplay and used... Continue reading
Simon Tam, lead singer of the rock group “The Slants,” chose this moniker in order to “reclaim” the term and drain its denigrating force as a derogatory term for Asian persons. Tam sought federal registration of the mark “THE SLANTS.”... Continue reading
Outdry Technologies Corp. (“Outdry”) appeals from the Patent Trial and Appeal Board’s (“Board”) inter partes review decision holding that claims 1–15 of U.S. Patent No. 6,855,171 (“the ’171 patent”) would have been obvious over a combination of prior art. For... Continue reading
The Cleveland Clinic Foundation and Cleveland Heartlab, Inc. accused True Health Diagnostics LLC of infringement of three patents that claim methods for testing for myeloperoxidase in a bodily sample and a fourth patent that claims a method for treating a... Continue reading
EmeraChem Holdings, LLC (“EmeraChem”) appeals from a decision of the Patent Trial and Appeal Board (“Board”) that claims 1–14 and 16–20 of U.S. Patent No. 5,599,758 (“the ’758 patent”) would have been obvious over U.S. Patent No. 5,451,558 (“Campbell ’558”),... Continue reading
The Biologics Price Competition and Innovation Act of 2009 (BPCIA or Act) provides an abbreviated pathway for obtaining Food and Drug Administration (FDA) approval of a drug that is biosimilar to an already licensed biological product (reference product). 42 U.... Continue reading
The International Trade Commission found the claim term “virtually free from interference” indefinite and invalidated the asserted claims of One-E-Way’s patents. Because we conclude that the term “virtually free from interference,” as properly interpreted in light of the specification and... Continue reading
Credit Acceptance Corp. (“CAC”) appeals the final written decision of the Patent Trial and Appeal Board (“Board”) in a Covered Business Method (“CBM”) review proceeding. The Board determined that claims 10–12 and 14–33 of CAC’s U.S. Patent No. 6,950,807 B2... Continue reading
This is the second attorney fee appeal arising from a patent infringement suit brought by Checkpoint Systems, Inc. (“Checkpoint”) against All–Tag Security S.A., All–Tag Security Americas, Inc., Sensormatic Electronics Corp., and Kobe Properties SARL (collectively, “All–Tag”). The district court deemed... Continue reading
Appellant ADS Security, L.P. (“ADS”) appeals the opinion and order of the U.S. District Court for the Eastern District of Texas (“District Court”) denying ADS’s request for attorney fees pursuant to 35 U.S.C. § 285 (2012). See Rothschild Connected Devices... Continue reading
New World International, Inc., and National Auto Parts, Inc., (collectively, “New World”) appeal from a final decision by the United States District Court for the Northern District of Texas dismissing New World’s declaratory judgment complaint for lack of personal jurisdiction... Continue reading
Sheila Lyons, DVM (“Lyons”) appeals from a decision of the U.S. Patent and Trademark Office (“the PTO”) Trademark Trial and Appeal Board (“the Board”) canceling her registration of the service mark THE AMERICAN COLLEGE OF VETERINARY SPORTS MEDICINE AND REHABILITATION... Continue reading
Skky, Inc. (“Skky”) appeals from the final written decision of the United States Patent and Trademark Office Patent Trial and Appeal Board (“the Board”) in an inter partes review (“IPR”) proceeding concluding that claims 1–3, 5, and 15–23 (“the challenged... Continue reading
This copyright suit shows the difficulty in finding protected creative expression in a crowded field, in this case, architectural design of single‐family homes. The case also shows the challenge in administering intellectual property law to discourage so‐called intellectual property “trolls”... Continue reading
In September 2009, Roof N Box, Inc. (RNB) and Building Materials Corp. of America d/b/a GAF-ELK Corp. (GAF) entered into an agreement under which GAF would promote RNB’s “Roof N Box” product, a three-dimensional roofing model, to building-construction contractors affiliated... Continue reading