Ralph Gabric

Practices

Industries

Education and Clerkships

J.D., DePaul University College of Law, 1988, DePaul Law Review

B.S., Chemistry, Boston College, 1985

Admissions

Illinois, 1988

U.S. Patent and Trademark Office

Court Admissions

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Eastern District of Michigan

U.S. District Court for the District of New Jersey

U.S. District Court for the District of Colorado

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. District Court for the District of Maryland

U.S. District Court for the Southern District of Illinois

U.S. District Court for the District of Delaware

United States Supreme Court

U.S. District Court for the Western District of Michigan

U.S. District Court for the Southern District of New York

U.S. District Court for the Southern District of Indiana

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Northern District of California

Profile

Ralph Gabric is a trial lawyer with more than 30 years of experience handling patent matters, serving as lead counsel in numerous cases around the country including in the Northern District of Illinois, the District of Delaware, the Northern and Central Districts of California, the Eastern District of Texas and the District of New Jersey. He has successfully represented clients in both jury and bench trials, and appeals to the U.S. Court of Appeals for the Federal Circuit, as well as in post-grant review proceedings before the Patent Trial and Appeal Board, appearing as lead counsel in more than 20 inter partes review proceedings. Intellectual Asset Management (IAM) magazine, Globe Business Media Group, 2017 writes that Ralph is “incredibly client-oriented” and “an awesome orator who instantly connects with juries.”

Ralph has extensive experience handling matters involving a variety of technologies, including software, medical devices, communications networks, cellular telephony, automotive, infrared cameras, and various internet-based technologies. Ralph also has substantial experience in Hatch-Waxman pharmaceutical litigation, serving as lead counsel in cases involving numerous drug products.

Professional and Community Activities

  • Intellectual Properties Owners (IPO)
  • CARPLS, Advisory Board, past President and past Board member

Recognition

Best Lawyers

Haynes and Boone Recognized in Best Lawyers in America 2020

Best Lawyers in America 2020 has featured more than 100 Haynes and Boone lawyers in its annual referral guide of outstanding lawyers throughout the U.S.


Published by Woodward/White, Inc. in August 2019

Selected Client Representations

  • Won jury verdict of non-infringement and invalidity after 4-week jury trial, affirmed on appeal.
  • Won bench verdict of inequitable conduct after 1-week bench trial.
  • Won summary judgment in Hatch-Waxman case that the claimed transitional language “consisting essentially of” was indefinite, believed to be a case of first impression.
  • Won summary judgment of non-infringement in Hatch-Waxman case involving topical drug formulation.
  • Won consolidated inter partes review proceedings involving infrared camera technology where all challenged claims held unpatentable, affirmed on appeal.
  • Won partial summary judgment of non-infringement and invalidity in Hatch-Waxman case involving a transdermal patch leading to favorable settlement and early launch date.
  • Won motion for clarification of earlier Markman ruling on eve of trial leading to favorable claim construction ruling and favorable settlement.
  • Won key claim construction rulings leading to multimillion dollar settlement in client’s favor.
  • Successfully defeated defendants’ motion for summary judgment of non-infringement, invalidity and no unfair competition leading to favorable settlement for client.
  • Won temporary restraining order and preliminary injunction after favorable claim construction ruling on the eve of a trade show leading to favorable settlement for client.
  • Won temporary restraining order that prevented the shut-down of client’s email-based advertising system leading to favorable settlement for client.
  • Won summary judgment of no anti-trust conspiracy in client’s favor, affirmed on appeal.
  • Won summary judgment of no tortious interference, fraud or RICO violations in client’s favor, affirmed on appeal.
  • Won summary judgement of no infringement, affirmed on appeal.
  • Won summary judgment based on fact findings in collateral ITC proceedings that were held binding in the district court proceeding.
  • Won favorable settlement on client’s behalf after retained document examiner opined that the signatures on the contracts at issue were not genuine.

Growth

Gabric_Miller

Haynes and Boone Bolsters Chicago Office by Adding Leading IP Litigators

Ralph Gabric and Laura Beth Miller, who have decades of experience handling high-profile intellectual property disputes, have joined Haynes and Boone as partners in the firm’s Chicago office.

Professional Recognition

  • The Best Lawyers in America, Woodward/White, Inc., Intellectual Property, 2009-2020
  • Leading Patent Practitioner, Intellectual Asset Management magazine's "IAM Patent 1000,” Globe Business Media Group, 2013-2019
  • Illinois Super Lawyers, Thomson Reuters, Intellectual Property Litigation, 2006-2019
  • Named in Euromoney’s Expert Guide to the World's Leading Patent Law Practitioners, Euromoney Institutional Investor Plc, 2017
  • Chambers USA, Chambers and Partners, 2004-2013
  • Leading Intellectual Property Lawyer, Leading Lawyers Network, Law Bulletin Publishing Company, 2004-2016

Selected Publications and Speeches

  • "PTAB Live: Thoughts on Practice, Procedure, IPRs and More in the World of Pharmaceutical Patent Validity Challenges," speaker, ACI Paragraph IV Disputes, New York, NY, April 2017.
  • "Generic Drug Litigation in the U.S.," speaker, 7th Annual Generic International Summit, Shanghai, China, April 2017.
  • "Parallel Proceedings Moot Court: District Court and PTAB Mock Pharmaceutical Patent Invalidity Hearing,” speaker, ACI Paragraph IV Disputes, New York, NY, April 2016.
  • "The PTAB Live," speaker, ACI's Paragraph IV Disputes Conference, New York, NY, April 2016.
  • "A View from the Bench: The Federal Judges Speak," speaker, ACI's Paragraph IV Disputes Conference, New York, NY, April 2015.
  • "Working with Local Counsel and Within Local Rules: Magistrate and Local Counsel Roundtable," speaker, ACI's Paragraph IV Disputes Master Symposium, New York, NY, April 2014.
  • “Damages in a Post-Uniloc World-Expert Tools for Determining Reasonable Damages and Obtaining Further Relief from Infringement,” speaker, ACI’s Advanced Forum on Patent Litigation, New York, NY, December 2013.
  • “Enforcement’s Role in Your IP Strategy: A Balanced Approach,” speaker, IP Strategy Summit (TIPSS), November 2013.
  • “Managing Risks of U.S. IP Litigation,” speaker, International IP Rights Convention, Global IP Conference, Bangalore, India, January 2013.
  • “Markman Hearings-Claim Construction,” speaker, International Intellectual Property Rights Conference, Global IP Convention, New Delhi, India, January 2012.
  • “The Post-Therasense World: Pleading and Defending Against Inequitable Conduct Allegations Under the Heightened Standard for Materiality and Intent,” Speaker, ACI’s Paragraph IV Disputes: Expert Insights on Hatch-Waxman Litigation Strategies for Brand Names and Generics, San Francisco, CA, December 2011.
  • “Developing Proactive Procedures and Strategies Today for the Flood of Biosimilar Litigation Tomorrow: From the Exchange of Patents to be Litigated to Product Launch,” speaker, ACI’s 2nd Annual Conference on Biosimilars, New York, NY, June 2011.
  • “Patent Litigation Issues on Chemical, Drug & the Pharmaceutical Industries,” speaker, 3rd International Intellectual Property Rights Conference, Global IP Conference, Bangalore, India, April 2011.
  • “Ethical Issues in Patent Litigation,” speaker, PLI Patent Litigation Seminar, Chicago, IL, October 2010.

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