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James B. Gehrke
Intellectual Property Attorney at Gehrke & Associates, SC
Recent Activity
This case concerns the rates paid by webcasters to license copyrights in digital sound recordings. Webcasters stream digital sound recordings to listeners over the Internet. A so-called “noninteractive” webcasting service chooses the recordings to play for listeners, whereas an “interactive”... Continue reading
E. I. du Pont de Nemours and Company and ArcherDaniels-Midland Company (collectively, “DuPont”) appeal from an inter partes review (“IPR”) decision of the United States Patent and Trademark Office Patent Trial and Appeal Board (the “Board”). See DuPont v. Furanix... Continue reading
Nobel Biocare Services AG (“Nobel”) appeals from the decision of the U.S. Patent and Trademark Office (“PTO”) Patent Trial and Appeal Board (“the Board”) in an inter partes review (“IPR”) holding claims 1–5 and 19 of U.S. Patent 8,714,977 (“the... Continue reading
ParkerVision, Inc. (“ParkerVision”) appeals from three final written decisions of the U.S. Patent Trial and Appeal Board (“Board”) in related inter partes review proceedings, in which the Board held certain claims of U.S. Patent No. 6,091,940 (“the ’940 patent”) unpatentable... Continue reading
Plaintiffs-Appellants are sports photographers who make a living taking and licensing photographs of National Football League events. They seek to recover damages on copyright, contract, and tort theories of liability after Defendants-Appellees allegedly exploited thousands of Plaintiffs’ photographs without a... Continue reading
Orexo AB and Orexo US Inc. (collectively “Orexo”) appeal the decision of the United States District Court for the District of Delaware, holding claims 1, 3–6, and 8–10 of U.S. Patent No. 8,940,330 (“the ’330 Patent”) invalid on the ground... Continue reading
Before us are patents that claim the administration of a medication containing the active ingredient 4- aminopyridine (4-AP) to improve walking in individuals with multiple sclerosis. Acorda Therapeutics, Inc., holds New Drug Application No. 022250, approved by the U.S. Food... Continue reading
The University of California, the University of Vienna, and Emmanuelle Charpentier, (collectively “UC”), appeal a decision of the Patent Trial and Appeal Board determining there was no interference-in-fact between UC’s Application No. 13/842,859, and the claims of twelve patents and... Continue reading
Detroit Athletic Co. (“DACo”) appeals from a decision of the Trademark Trial and Appeal Board affirming the Patent and Trademark Office’s refusal to register DETROIT ATHLETIC CO. for sports apparel retail services. In that decision, the Board concluded that DACo’s... Continue reading
Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Apple Inc. filed a petition to institute an inter partes review of certain claims of U.S. Patent No. 7,039,033. The Patent Trial and Appeal Board instituted review that resulted in a... Continue reading
Appellant Worlds Inc. (“Worlds”) appeals the final decisions of the Patent Trial and Appeal Board (“Board”) invalidating three patents in three inter partes reviews (“IPRs”). Because we hold that the Board erred in its real-party-in-interest analysis, we vacate its decisions... Continue reading
Intellectual Ventures I LLC (“IV”) appeals from a grant of summary judgment by the U.S. District Court for the District of Delaware that T-Mobile USA, Inc., TMobile US, Inc., Ericsson Inc., Telefonaktiebolaget LM Ericsson, and United States Cellular Corporation (collectively,... Continue reading
Every winter for the last sixty years or so, Tawas, Michigan has become the home of the “Perchville” festival, replete with a polar bear swim and a fishing contest. The Tawas Area Chamber of Commerce organizes the annual February event... Continue reading
Clayton Prince Tanksley is an actor and producer who lives in Philadelphia. In 2005, he created a three-episode television pilot, Cream, for which he received a copyright. In 2015, Fox Television debuted a new series, Empire, from award-winning producer and... Continue reading
The panel affirmed the district court’s dismissal of an action under the Copyright Act, alleging direct and contributory infringement of plaintiff’s copyrights in a film. Plaintiff alleged unauthorized downloading and distribution of the film through peer-to-peer BitTorrent networks. The panel... Continue reading
Ericsson Inc. and Telefonaktiebolaget LM Ericsson appeal the final written decision of the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board, finding that claims 1–3, 6–9, and 12–14 of U.S. Patent No. 5,602,831 are not unpatentable under 35... Continue reading
Appellant Zheng Cai DBA Tai Chi Green Tea Inc. (“Mr. Cai”) appeals an opinion of the U.S. Patent and Trademark Office’s (“USPTO”) Trademark Trial and Appeal Board (“TTAB”) cancelling registration of his mark “WU DANG TAI CHI GREEN TEA” due... Continue reading
In these consolidated appeals from orders dismissing two putative antitrust class actions, purchasers of a brand-name, prescription drug allege that the drug maker unlawfully delayed the entry of generic versions of the drug into the United States market. Specifically, the... Continue reading
Donald Thomas Scholz, a member of the rock band BOSTON, sued former BOSTON guitarist Barry Goudreau for various trademark infringement and breach of contract claims relating to impermissible references that Goudreau had allegedly made regarding his former association with the... Continue reading
This federal trademark infringement action involves a dispute between two civic organizations over their logos: The older organization, Alliance for Good Government, developed its logo in the late 1960s and has used it for fifty years in advertisements and sample... Continue reading
The panel reversed the district court’s grant of summary judgment in favor of the defendants on claims of violation of state law copyrights possessed by the plaintiffs in sound recordings originally fixed before 1972. Under the Sound Recording Act, sound... Continue reading
This is an appeal from a rejection in initial examination of appellant Ron Maatita’s design patent application covering the design of an athletic shoe bottom. The examiner rejected the application’s single claim as non-enabled and indefinite under 35 U.S.C. §... Continue reading
Luminara Worldwide, LLC, (“Luminara”) appeals from three inter partes review (“IPR”) decisions, in which the Patent Trial and Appeal Board (“the Board”) held unpatentable a total of 31 claims across Luminara’s three patents. On appeal, Luminara challenges the Board’s decisions... Continue reading
This appeal arises from a patent infringement action brought in the United States District Court for the Northern District of California. The plaintiff, Core Wireless Licensing S.a.r.l., is the owner of U.S. Patent Nos. 6,477,151 (“the ’151 patent”) and 6,633,536... Continue reading
Power Integrations, Inc. (“PI”) has filed petitions for a writ of mandamus. The petitions challenge the decisions of the Patent Trial and Appeal Board denying the institution of inter partes review of claims from three patents owned by Semiconductor Components... Continue reading