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James B. Gehrke
www.gehrke-law.com
Intellectual Property Attorney at Gehrke & Associates, SC
Recent Activity
Omaha Steaks International, Inc. (“Omaha Steaks”) appeals a decision of the Trademark Trial and Appeal Board (“Board”) dismissing its opposition (No. 91213527) to Greater Omaha Packing Co., Inc.’s (“GOP”) application to register the mark “GREATER OMAHA PROVIDING THE HIGHEST QUALITY... Continue reading
This is the second petition for a writ of mandamus filed by Oath Holdings Inc. (formerly known as Yahoo Holdings, Inc.) to challenge the district court’s conclusion that Oath missed its opportunity to object to venue in the Eastern District... Continue reading
Arista Networks, Inc. (“Arista”) petitioned for an inter partes review (“IPR”) of certain claims of U.S. Patent No. 7,340,597 (“the ’597 patent”), which is owned by Cisco Systems, Inc. (“Cisco”). After instituting an IPR, the Patent Trial and Appeal Board... Continue reading
Appellants appeal from a grant of summary judgment of non-infringement. The U.S. District Court for the District of Delaware granted summary judgment as a matter of law after concluding Appellants’ infringement action was collaterally estopped. Because evidence indicates a material... Continue reading
Richard Bell brought a copyright infringement lawsuit against Vacuforce, LLC, accusing it of publishing his photograph of the Indianapolis skyline on its website without a license. Vacuforce hired attorney Paul Overhauser to defend it. The parties quickly settled, so the... Continue reading
This is the first Defend Trade Secrets Act case that has reached our court. 18 U.S.C. § 1836 (effective May 11, 2016). But the appeal does not require us to decide anything about trade secrets. It instead raises a question... Continue reading
(“[I]n copyright cases the discovery rule is a common‐law gloss.”). And, contrary to what Defendants argue, we have never held that mere registration, without more, is enough to put a reasonably diligent copyright owner on notice of an adverse claim.... Continue reading
Patent owner Acceleration Bay, LLC (“Acceleration”) appeals the final written decisions of the Patent Trial and Appeal Board holding unpatentable claims 1–9 of U.S. Patent No. 6,829,634, claims 1–11 and 16–19 of U.S. Patent No. 6,701,344, and claims 1–11 and... Continue reading
Since 1938, a motorcycle rally has occurred almost every August in and around the City of Sturgis, South Dakota. It was the brainchild of Clarence "Pappy" Hoel, who in the late 1930s owned the local Indian motorcycle dealership and founded... Continue reading
Converse, Inc., appeals from a final determination of the International Trade Commission (“ITC”) that held invalid Converse’s trademark in the midsole design of its Chuck Taylor All Star shoes, U.S. Trademark Registration No. 4,398,753 (“the ’753 trademark”). Because it found... Continue reading
RPD Holdings, L.L.C. claims that it purchased a patent license from multiple debtors in bankruptcy sales of their estates. Tech Pharmacy Services argues that RPD does not have rights under the license to Tech Pharm’s patented invention. Concluding that the... Continue reading
This appeal requires us to decide whether the district court misinterpreted our mandate in an earlier appeal and misapplied the defense of fair use, 17 U.S.C. § 107, in a dispute between three academic publishers and Georgia State University about... Continue reading
Today, we are presented with the question of whether the annotations contained in the Official Code of Georgia Annotated (OCGA), authored by the Georgia General Assembly and made an inextricable part of the official codification of Georgia’s laws, may be... Continue reading
Plaintiffs-Appellants Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries, Ltd., Teva Neuroscience, Inc., and Yeda Research and Development Co., Ltd., appeal the decision of the United States District Court for the District of Delaware invalidating all asserted claims of patents directed... Continue reading
In this consolidated appeal, Appellant Yeda Research & Development Co., Ltd. challenges the Patent Trial and Appeal Board’s final written decisions finding the claims of U.S. Patent Nos. 8,232,250, 8,399,413, and 8,969,302 unpatentable as obvious in three inter partes review... Continue reading
Appellant Roche Molecular Systems, Inc. (“Roche”) owns U.S. Patent No. 5,643,723 (“the ’723 patent”), titled “Detection of a Genetic Locus Encoding Resistance to Rifampin in Microbacterial Cultures and in Clinical Specimens.” The United States District Court for the Northern District... Continue reading
Data Engine Technologies LLC (“DET”) appeals the district court’s entry of judgment on the pleadings holding that the asserted claims of DET’s U.S. Patent Nos. 5,590,259; 5,784,545; 6,282,551; and 5,303,146 are ineligible under 35 U.S.C. § 101. The district court... Continue reading
Appellant Real Foods Pty Ltd. (“Real Foods”) sought registration of two marks: “CORN THINS,” for “crispbread slices predominantly of corn, namely popped corn cakes”; and “RICE THINS,” for “crispbread slices primarily made of rice, namely rice cakes.” J.A. 279 (emphasis... Continue reading
This appeal turns on the construction under Illinois law of provisions in a nondisclosure agreement. The dispute arises out of Bolson Materials International Corporation’s inclusion in a patent application of particular information Soarus, L.L.C. believed was protected from disclosure by... Continue reading
Woodbolt Distributors, LLC (“Woodbolt”) requested that the United States Patent and Trademark Office (“PTO”) reexamine U.S. Patent No. 8,067,381 (“the ʼ381 patent”) owned by Natural Alternatives International, Inc. (“NAI”). The PTO ordered inter partes reexamination, and the examiner rejected the... Continue reading
The panel vacated in part the district court’s judgment after a jury trial in favor of the defendants and remanded for a new trial in a copyright infringement suit alleging that Led Zeppelin copied “Stairway to Heaven” from the song... Continue reading
Years after Bennett Regulator Guards, Inc. first sued Atlanta Gas Light Co. for infringing its U.S. Patent No. 5,810,029, the Patent Trial and Appeal Board instituted Atlanta Gas’s inter partes review (IPR), held all challenged claims of Bennett’s ’029 patent... Continue reading
The Wisconsin Alumni Research Foundation (“WARF”) sued Apple Inc. for infringement of U.S. Patent No. 5,781,752 (“the ’752 patent”). After a two-week, bifurcated trial, a jury found Apple liable for infringement and awarded over $234 million in damages. The district... Continue reading
Gilbert Hyatt sued the United States Patent and Trademark Office alleging that the PTO acted unlawfully in denying his petition for rulemaking. Mr. Hyatt now appeals from the district court’s grant of the PTO’s motion for summary judgment and dismissal... Continue reading
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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