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James B. Gehrke
Wisconsin Advanced Technology Advocates, Inc.
Recent Activity
The panel affirmed in part and vacated in part the district court’s judgment after a jury trial on damages for infringement of enterprise software copyrights owned by Oracle Corp. and other plaintiffs. The jury awarded Oracle $1.3 billion as the... Continue reading
This case involves claims directed to creating familiar commercial arrangements by use of computers and networks. The district court held the asserted claims invalid because they cover subject matter ineligible for patenting under 35 U.S.C. § 101. buySAFE, Inc. v.... Continue reading
Plaintiffs-Appellants Mformation Technologies, Inc. and mFormation Software Technologies, Inc. (collectively, “Mformation”) appeal the grant of judgment as a matter of law (“JMOL”) by the United States District Court for the Northern District of California that Defendants- Appellees Research In Motion... Continue reading
Ferring Corporation (“Ferring”), the owner of U.S. Patent Nos. 7,947,739 (“the ’739 patent”), 8,022,106 (“the ’106 patent”), and 8,273,795 (“the ’795 patent”) (collectively, the “patents-in-suit”), alleges that Apotex Corporation (“Apotex”) infringed each and every claim of the patentsin- suit by... Continue reading
The Mathilda and Terrance Kennedy Institute of Rheumatology Trust (Kennedy) owns U.S. Patent Nos. 7,846,442 (the ’442 patent) and 6,270,766 (the ’766 patent). Both patents are directed towards methods of treating rheumatoid arthritis by co-administering two drugs. AbbVie, Inc. and... Continue reading
Apotex Inc. and Apotex Corp. (collectively, “Apotex”) appeal the decision of the United States District Court for the Southern District of Florida finding that: (1) Apotex’s U.S. Patent No. 6,767,556 (“the ’556 patent”) is unenforceable due to inequitable conduct; (2)... Continue reading
LG Electronics, Inc. (“LG”) and the defendants are parties to an arbitration before the International Centre for Dispute Resolution. After LG filed the arbitration, the parties entered into a non-disclosure agreement, titled “Agreement Governing Confidential Settlement Communications” (the “NDA”). LG... Continue reading
EASTERBROOK, Circuit Judge. After leaving Gensler, an ar-­‐‑ chitectural firm with projects throughout the world, where he had been a Design Director, Jay Marshall Strabala opened his own firm, 2Define Architecture. Strabala stated on its web site (http://www.define-­‐‑arch.com/en/featured), on his... Continue reading
The district court entered summary judgment for plaintiffappellee Southern California Darts Association (“SoCal”) and issued a permanent injunction enjoining defendant-appellant Dino M. Zaffina from using certain marks that have been used by SoCal for several decades. We have jurisdiction under... Continue reading
Syngenta Seeds, Inc. (Syngenta) sued Bunge North America, Inc. (Bunge), alleging Bunge (1) breached an obligation under the United States Warehouse Act (USWA), 7 U.S.C. §§ 241-256; (2) breached a duty to third-party beneficiaries of a licensing agreement between Bunge... Continue reading
MANION, Circuit Judge. Fortres Grand Corporationdeve lops and sells a desktop management program called “Clean Slate.” When Warner Bros. Entertainment used the words “the clean slate” to describe a hacking program in the movie, The Dark Knight Rises, Fortres Grand... Continue reading
CLAY, Circuit Judge. These consolidated appeals arise from a jury trial followed by a contempt proceeding. At trial, Defendants N2G Distributing, Inc. (“N2G”) and Alpha Performance Labs were found to have infringed the trademark and trade dress of 5-hour ENERGY... Continue reading
Plaintiffs ScriptPro, LLC and ScriptPro USA, Inc. (collectively, ScriptPro) sued Innovation Associates, Inc, alleging infringement of claims 1, 2, 4, and 8 of U.S. Patent No. 6,910,601. The district court granted summary judgment for Innovation Associates, holding that the asserted... Continue reading
Mutual Pharmaceutical Company, Inc., and United Research Laboratories, Inc., (collectively, “Mutual”) appeal from a summary judgment entered by the United States District Court for the District of New Jersey in favor of Tyco Healthcare Group LP and Mallinckrodt, Inc., (collectively,... Continue reading
Before the district court, Openet moved for summary judgment of noninfringement of the four patents. With regard to three of the patents, U.S. Patent Nos. 7,631,065 (the “’065 Patent”), 7,412,510 (the “’510 Patent”), and 6,947,984 (the “’984 Patent”), Openet argued... Continue reading
In October 2004, Cellport Systems, Inc. (“Cellport”) and Peiker Acustic GMBH & Co. KG (“Peiker”) entered into an agreement concerning Cellport’s technology for the hands-free use of cellphones in vehicles. In 2009, Cellport filed suit against Peiker, alleging breach of... Continue reading
The panel affirmed in part the district court’s judgment after a bench trial and vacated a permanent injunction in a trademark infringement case brought by La Quinta Worldwide LLC (“La Quinta”) against Q.R.T.M., S.A. de C.V. (“Quinta Real”). The panel... Continue reading
ePlus, Inc. (“ePlus”), the assignee of U.S. Patent Nos. 6,023,683 (the “’683 patent”) and 6,505,172 (the “’172 patent”), sued Lawson Software, Inc. (“Lawson”) for infringement. The district court found two of the asserted system claims and three of the asserted... Continue reading
This is the latest installment of unfortunate litigation over control of a charitable corporation created to help the suffering people of Sudan. The Plaintiff is the former Chairman of the Board of Directors, and was removed as a director and... Continue reading
The International Trade Commission’s regulations authorize the Commission to review a decision of an administrative law judge (ALJ) when that decision is designated as an “initial determination.” Other ALJ decisions, such as an “order,” are not reviewable. Here, the ALJ... Continue reading
This is a trademark case. The appellant, StonCor Group, Inc., owns the registered trademark “STONSHIELD.” When a different company, Specialty Coatings, Inc., sought registration of a competing mark, “ARMORSTONE,” StonCor opposed the registration, asserting a likelihood of confusion between ARMORSTONE... Continue reading
Arlington Industries, Inc. owns U.S. Patent No. 6,335,488, which claims a method for connecting electrical cables to a junction box using electrical fittings. Both Arlington and Bridgeport Fittings, Inc. manufacture and sell electrical connectors. After Arlington sued Bridgeport in 2004,... Continue reading
Golden Bridge Technology, Inc. (GBT) appeals from the district court’s grant of summary judgment that Apple Inc. (Apple) does not infringe the asserted claims of U.S. Patent Nos. 6,574,267 (the ’267 patent) and 7,359,427 (the ’427 patent). We affirm. Download... Continue reading
Plaintiff-Appellant Medisim Ltd. (“Medisim”) appeals the grant of judgment as a matter of law (“JMOL”) by the United States District Court for the District of New York that U.S. Patent No. 7,597,668 (“’668 patent”) is anticipated by Medisim’s own prior... Continue reading
In this appeal, we address the subject matter eligibility of claims in U.S. Patent No. 6,128,415 (“the ’415 patent”) directed to a device profile and a method for creating a device profile within a digital image processing system. The district... Continue reading