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Ralph J. Gabric

Practice Summary

Mr. Gabric is chair of the firm’s Litigation Practice Group and focuses on high-stakes patent litigation and related antitrust matters. With over two decades of trial experience, Mr. Gabric has substantial first and second chair responsibilities in bench and jury trials. His litigation experience also includes Markman hearings, preliminary injunctions, temporary restraining orders, arbitrations, mediations, and appeals.

Mr. Gabric has represented clients from a variety of industries, including pharmaceuticals, medical devices, automotive, ecommerce, electronic trading, analytical instrumentation, chemical, and computer software and hardware. He has lectured on the subject of patent litigation, ethics and patent licensing and written about trade dress protection and dispute resolution.

Honors/Distinctions
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  • Illinois Super Lawyers, Intellectual Property Litigation, 2006-2014
  • The Best Lawyers in America, Intellectual Property Law, 2009-2013
  • Chambers USA: America's Leading Lawyers for Business, Leading Illinois Intellectual Property Lawyers, 2004-2013
  • Leading Patent Practitioner, Intellectual Asset Management magazine's "IAM Patent 1000 – The World’s Leading Patent Practitioners," 2013
  • Leading Intellectual Property Lawyer, Leading Lawyers Network, Law Bulletin Publishing Company, 2004-2012
  • DePaul Law Review, DePaul University School of Law
Representative Matters
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  • Teijin Limited, Teijin Pharma Limited and Takeda Pharmaceuticals U.S.A., Inc. v. Alembic Pharmaceuticals Limited (D. Del. 2013). Subject: Patent Infringement. Resolution: Ongoing. Mr. Gabric is lead counsel for Alembic Pharmaceuticals Limited.
  • Roche Palo Alto LLC and Genentech, Inc. v. Watson Laboratories, Inc.-Florida (D. Del. 2013). Subject: Patent Infringement. Resolution: Ongoing. Mr. Gabric is lead counsel for Watson Laboratories, Inc.-Florida.
  • Noven Pharmaceuticals, Inc. v. Watson Laboratories, Inc. et al. (D.N.J. 2011-2014). Lead counsel for generic client in Hatch-Waxman patent litigation in a first to file (FTF) opportunity related to a methylphenidate transdermal patch sold by Noven as Daytrana®. Obtained partial summary judgment rulings of non-infringement and invalidity due to inadequate written description. The parties’ settlement permits a 2015 launch notwithstanding the 2018 expiration of the patents-in-suit.
  • McDavid, Inc., and Stirling Mouldings Limited v. Nike USA, Inc. (N.D. Ill. 2013). Subject: Patent Infringement. Mr. Gabric was lead counsel for Nike, Inc.
  • McDavid, Inc., and Stirling Mouldings Limited v. Nike USA, Inc. (N.D. Ill. 2008). Subject: Patent Infringement. Mr. Gabric was counsel for Nike, Inc.
  • Draeger Medical Systems, Inc. v. Atom Medical International, Inc. and Philips Electronics North America Corp. (M.D. Fla. 2012). Subject: Patent Infringement. Resolution: Case settled. Mr. Gabric was lead counsel for Atom Medical International, Inc. and Philips Electronics North America Corp.
  • Advanced Connection Technology, Inc. v. Canon U.S.A., Inc. (N.D. Cal. 2012). Subject: Patent Infringement. Resolution: Ongoing. Mr. Gabric is lead counsel for Canon U.S.A., Inc.
  • Avanir Pharmaceuticals, Inc., Avanir Holding Company, and Center for Neurologic Study v. Watson Pharmaceuticals, Inc., Watson Laboratories, Inc., and Watson Pharma, Inc. (D. Del. 2012). Subject: Patent Infringement. Resolution: Case settled. Mr. Gabric was lead counsel for the Watson defendants.
  • Geotag, Inc. v. Where 2 Get It, Inc., et al. (E.D. Tex. 2011). Subject: Patent Infringement. Resolution: Case settled. Mr. Gabric was lead counsel for Seiko USA, Seiko Instruments Inc. and Seiko Watch Corp.
  • Boston Scientific Corp., Boston Scientific Scimed, Inc., Boston Scientific Ltd., and Endovascular Technologies, Inc. v. Cook, Inc., Wilson-Cook Medical, Inc., Cook Medical Inc., Cook Ireland Ltd., Cook Group, Inc., Taewoong Medical Co., Ltd., Standard Sci-Tech Inc., EndoChoice, Inc., and Sewoon Medical Co., Ltd. (D. Mass. 2010-present). Subject: Patent Infringement. Resolution: Ongoing. Mr. Gabric is lead counsel for the Cook entities
  • Cook, Inc. v. Endologix, Inc., (S.D. Ind. 2009). Subject: Patent Infringement. Resolution: Case settled. Mr. Gabric was lead counsel for Cook.
  • Star Scientific, Inc. v. R.J. Reynolds Tobacco Co. (D. Md. 2001). Subject: Patent Infringement. Issue: Infringement, validity and enforceability. Resolution: Patents held unenforceable after an eight-day bench trial. Reversed on appeal and remanded for trial on the issues of validity and infringement. After a four-week jury trial in May-June 2009, the jury ruled in favor of R.J. Reynolds on every issue, patents held not infringed and invalid. Non-infringement finding affirmed on appeal. Mr. Gabric was co-lead counsel for defendant R. J. Reynolds.
  • AOL, Inc. v. Yahoo! Inc. (S.D.N.Y. 2009). Subject: Patent Infringement. Resolution: Case settled. Mr. Gabric was lead counsel for Yahoo!
  • Abbott Laboratories and Fournier Laboratories Ireland Ltd. v. Watson Laboratories, Inc.-Florida, Watson Pharma, Inc., and Watson Pharmaceuticals, Inc. (D. N.J. 2010). Subject Patent Infringement. Resolution: Case settled. Mr. Gabric was lead counsel for the Watson defendants.
  • Vehicle Occupant Sensing Systems, LLC v. American Honda Motor Co., Inc. (E.D. Tex. 2009). Subject: Patent Infringement. Resolution: Case settled. Mr. Gabric was lead counsel for defendant American Honda.
  • Trading Technologies International, Inc. v. Stellar Trading Systems, Ltd. et al (N.D. Ill. 2010). Subject: Patent Infringement. Resolution: Case settled. Mr. Gabric was lead counsel for Stellar Trading Systems.
  • Delphi Automotive Systems, LLC, IEE Sensing, Inc., IEE SA, and Elesys North America, Inc. v. Vehicle Occupant Sensing Systems, LLC, et al. (E.D. Mich. 2010). Subject: Patent Infringement. Resolution: Case settled. Mr. Gabric was lead counsel for defendant Elesys North America, Inc.
  • AstraZeneca Pharmaceuticals LP, AstraZeneca UK Limited, IPR Pharmaceuticals, Inc., and Shionogi Seiyaku Kabushiki Kaisha v. Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries, Inc. (D. Del. 2008). Subject: Patent Infringement. Mr. Gabric represented Teva Pharmaceuticals, USA, Inc.
  • Merck Sharp & Dohme Pharmaceuticals SRL v. Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries, Inc. (D. N.J. 2007).  Subject: Patent Infringement. Resolution: Patent on compound held enforceable and not invalid.  Mr. Gabric was lead counsel for the Teva defendants.
  • ICOR International, Inc. v. E.I. DuPont de Nemours & Company (S.D. Ind. 2010). Subject: Declaratory Judgment of Non-infringement and for False Marking. Resolution: Case voluntarily dismissed. Mr. Gabric was lead counsel for ICOR International, Inc.
  • Alticor Inc., Amway Corp. and Quixtar Inc. v. NCR Corp. (W.D. Mich. 2007). Subject: Patent Infringement. Resolution: Case settled. Mr. Gabric represented Amway, Alticor and Quixtar.
  • Pokorny v. Quixtar, et al. (N.D. Cal. 2006). Subject: Class Action/RICO. Resolution: Ongoing. Mr. Gabric represents defendants Quixtar, et al.
  • Automotive Technologies International, Inc. v. American Honda Motor Company, General Motors Corporation and Elesys North America, Inc. (D. Del. 2006).  Subject: Patent Infringement. Resolution: Ongoing. Mr. Gabric represents defendants American Honda, GM and Elesys North America. Resolution: Case stayed pending reexamination of asserted patents.
  • Bonutti IP, L.L.C. v. ArthroCare Corp. (S.D. Ill. 2005-2007). Subject: Patent Infringement. Resolution: Obtained multi-million dollar settlement on behalf of the plaintiff-patentee.  Mr. Gabric was lead counsel for Bonutti IP.
  • Jacobs Chuck Mfg. Co. v. Shandong Weida Machinery Company and One World Technologies, Inc. (E.D. Tex. 2005-2007). Subject: Patent Infringement. Resolution: Case settled. Mr. Gabric represented both defendants.
  • McArthur Photography Inc. v. Ficore (N.D. Ill. 2002-2004). Subject: Copyright Infringement. Issue: Whether Ficore made reprints of photographs without license. Resolution: Case settled. Mr. Gabric was lead counsel for McArthur Photography.
  • Dionex Inc. v. Alltech Associates, Inc. (N.D. Cal. 2002-2005). Subject: Patent Infringement. Issue: Infringement and Invalidity. Resolution: Case settled. Mr. Gabric represented Alltech Associates.
  • Nitro Distributing, et al. v. Alticor, et al. (W.D. Mo. 2002-Present). Subject: Antitrust. Issue: Whether Alticor conspired with others in violation of §§ 1 and 2 of Sherman Act. Resolution: Summary Judgment in favor of defendants; affirmed on appeal by the U.S. Court of Appeals for the Eighth Circuit. Mr. Gabric represented the defendants.
  • eSpeed, et al. v. Chicago Mercantile Exchange, et al. (N.D. Tex. 1999-2001). Subject: Patent Infringement. Issue: Infringement and Validity. Resolution: Case settled. Mr. Gabric represented the CME.
  • Prototype Equipment Co. v. Fallas Automation, Inc., et al. (N.D. Ill. 2000). Subject: Patent Infringement. Issue: Defendant threatened to introduce product at trade show that infringed our client’s patent. Resolution: Temporary Restraining Order granted resulting in favorable settlement for our client.
  • Amway Corp. v. Procter & Gamble (W.D. Mich. 1998-2003). Subject: Tortious Interference. Issue: P&G is charged with publishing court pleadings that contain false and misleading information about Amway. Resolution: P&G protected by the Fair Reporting Privilege.
  • Foresight, Inc. v. Platipus Anchors, Ltd. (D. Col. 1998-2000). Subject: Patent Infringement. Issue: Infringement and Validity. Resolution: Court interprets patent claims as a matter of law in a manner favorable to our clients, the alleged infringers; summary judgment granted in favor of our clients. Mr. Gabric was lead counsel for Platipus Anchors.
  • Yesmail.com v. Internet Marketing Group, Brett Enright and Mark Ellis (N.D. Ill. 2000). Subject: Computer abuse, spamming, tortious interference with business relationships. Issue: Whether defendants’ e-mail activities and efforts to disguise their identity violated plaintiff’s common law and statutory rights. Resolution: Consent Judgment entered in favor of plaintiff finding defendants’ efforts to conceal their identity and efforts to create the appearance that their e-mail messages originated from plaintiff constituted violations of federal and common law. Mr. Gabric was lead counsel for Yesmail.com.
  • Yesmail, Inc. v. Mail Abuse Prevention System, LLC (N.D. Ill. 2000). Subject: Tortious interference with contractual relationship, business disparagement, defamation arising from Internet-related activities. Issue: Whether identifying plaintiff as a “spammer” and blocking transmission of plaintiff’s e-mail messages violated plaintiff’s common law rights. Resolution: The District Court for the Northern District of Illinois granted a temporary restraining order in our client’s favor preventing defendant from identifying plaintiff as a “spammer” and from interfering with plaintiff’s transmission of e-mail messages to third party internet service providers. Case settled. Mr. Gabric was lead counsel for Yesmail, Inc.
  • Procter & Gamble v. Amway Corp. (S.D. Texas 1997-1999). Subject: Defamation, violations of the Lanham Act and RICO statutes, defamation, tortious interference with business relations, fraud and vicarious liability. Issue: The claims were based on statements made by Amway distributors about P&G, comparative advertising of Amway and P&G products, and Amway's business activities. Resolution: Some of the claims were dismissed at the pleading stage and others were dismissed by summary judgment. The remaining claims were dismissed at the conclusion of a two-week jury trial. Court of Appeals affirmed in part, reversed in part, and remanded. The district court stayed proceedings pending the outcome of Amway's petition for a writ of certiorari by the Supreme Court.
  • Procter & Gamble v. Randy Haugen and Amway Corporation (D. Utah 1995-1999). Subject: Lanham Act, defamation per se, tortious interference with business relations and vicarious liability. Issue: Whether Amway was vicariously liable for false statements made by Amway distributors about P&G. Resolution: All of P&G's claims were dismissed at the pleading stage or by summary judgment. The Tenth Circuit Court of Appeals affirmed that Amway was not vicariously liable and remanded two claims of direct liability which are pending in the district court.
  • Holcomb Healthcare Services Corp. and Amway Corporation v. Nikken, Inc. (M.D. Tenn. 1999-2001). Subject: Patent and Unfair Competition. Issue: Infringement and Validity. Resolution: The Court denied the defendant's motions for summary judgment on the issue of infringement, validity and unfair competition. Case settled.  Mr. Gabric represented Amway and Holcomb Healthcare.
  • Dionex, Inc. v. Alltech Associates, Inc. (N.D. Cal. 1998-2000). Subject: Patent Infringement. Issue: Infringement and Validity. Resolution: Case settled. Mr. Gabric was lead counsel for Alltech Associates.
  • Out of Line Sports, Inc. v. Rollerblade, Inc. (D. Col. 1996-1998). Subject: Patent infringement. Issue: Infringement and Validity. Resolution: Case settled.
  • Alpine Lace Brands, Inc. v. Borden, Inc., Schreiber Foods, Inc., et al., No. 95-1131 (JWB) (D. N.J. 1996); aff’d, Nos. 96-1511, 97-1047 (Fed. Cir. Oct. 22, 1998). Subject: Patent for low-fat cheese. Issue: Patent Infringement. Resolution: Court interprets patent claims as a matter of law in a manner favorable to our clients, the alleged infringers; summary judgment granted in favor of our clients; affirmed by the Federal Circuit after appeal. Mr. Gabric represented Schreiber Foods.
  • Glascraft, Inc. v. Graves Spray Supply, Inc., No. 95-662-CIV-T-25C (M.D. Fla. 1996). Subject: Patents for fiberglass resin/catalyst spray guns. Issue: Infringement and validity of patents owned by both parties. Resolution: Case settled. Mr. Gabric represented Glascraft.
  • Apollo Inc. v. Global Village Inc. (N.D. Ill. 1995). Subject: Trademark Infringement. Issue: Validity, infringement and whether second-filed trademark action should proceed in lieu of first-filed declaratory judgment in California. Resolution: First-filed California declaratory judgment action dismissed and second-filed trademark action allowed to proceed. Case settled. Mr. Gabric represented Apollo Inc.
  • Marianna Imports v. Helene Curtis, Inc., 873 F. Supp. 308 (D. Neb. 1994). Subject: Patent for permanent hair-waving compound. Issue: Should the patent infringer’s second-filed, but first-served declaratory judgment action prevail over the patent owner’s first-filed, but second-served assertive action. Resolution: The patent infringer’s second-filed action is dismissed in favor of our client, the patent owner’s, first-filed assertive action; case later settles in favor of our client, Helene Curtis, by Marianna’s cessation of infringement and payment of damages. Mr. Gabric represented Helene Curtis, Inc.
  • Helene Curtis, Inc. v. Ken Lange, Stylors, Inc., New Horizons Labs, Ltd. and J. Cannon, Inc., Nos. 3 C 7388-7391 (N.D. Ill. 1994). Subject: Patent for permanent hair-waving compound. Issue: Patent Infringement and Validity. Resolution: Four cases settled.  Mr. Gabric represented Helene Curtis, Inc.
  • In re Convertible Rowing Exerciser Patent Litigation, 817 F.Supp. 434 (D. Del. 1993); see also, 903 F. 2d 822 (Fed. Cir. 1990). Subject: Multi-district patent infringement action against our client, Roadmaster Corp. and Ajay Enterprises, Inc., and seven other defendants alleging infringement of a patent on a convertible rower. Issue: Whether a decision by the International Trade Commission (ITC) that a patent-in-suit was invalid, was binding in a later Federal District Court action involving the same patent. Resolution: The Delaware District Court entered a Summary Judgment for the defendants holding that the facts underlying the ITC invalidity decision were binding on the patentee under the doctrine of collateral estoppel, and therefore, cannot be re-tried in Federal Court.
  • Pogue v. Allied Products Corp., 14 U.S.P.Q. 2d 1329 (N.D. Ill. 1989). Subject: Patents and copyrights for computer software for machine control operator interfaces. Issue: Amendment of copyright infringement claim to include a patent infringement claim. Resolution: Motion granted; case settled.
  • Tenman Systems, Inc. v. The Ziegelman Organization, No. 89 CH 43 (N.D. Ill. 1989). Subject: Trade secrets for computer software. Issue: Whether an alleged contract can be enforced on the basis of supposed underlying trade secrets when the signatures on the contract were forged. Resolution: After a document examiner reports that the signatures on the alleged contracts are not genuine, the case settles permitting our client, Ziegelman, to continue to use the computer software.
Pro Bono (Trial Bar Appointments)
  • Craddieth v. Target Stores, (N.D. Ill., 2009). Subject: Employment discrimination.
  • Pelmer v. Stuart Dean, (N.D. Ill., 2006). Subject: Employment discrimination.
Publications
  • "Trade Dress and Product Configuration Law," Chapter 2, Protecting Trade Dress, Second Edition, Aspen Law & Business (1999).
Presentations
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  • “Damages in a Post-Uniloc World—Expert Tools for Determining Reasonable Damages and Obtaining Further Relief from Infringement,” ACI’s Advanced Forum on Patent Litigation, New York, New York, December 2013
  • “Enforcement’s Role in Your IP Strategy: A Balanced Approach,” IP Strategy Summitt (TIPSS), November 2013
  • “Managing Risks of U.S. IP Litigation,” International Intellectual Property Rights Conference, Global IP Convention, Bangalore, India, January 2013
  • “Markman Hearing - Claim Construction,” 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," ACI's Paragraph IV Disputes: Expert Insights on Hatch-Waxman Litigation Strategies for Brand Names and Generics, San Francisco, Calif., December 2011
  • "Developing Proactive Procedures and Strategies Today For the Flood of Biosimilar Litigation Tomorrow: From the Exchange of Patents to be Litigated to Project Launch," ACI’s 2nd Annual Conference on Biosimilars, New York City, June 2011
  • "Patent Litigation Issues on Chemicals, Drugs & the Pharmaceutical Industry," 3rd International Intellectual Property Rights Conference, Global IP Convention, Bangalore, India, April 2011
  • "Ethical Issues in Patent Litigation," Practicing Law Institute's Patent Litigation 2010 Seminar, Chicago, Illinois, October 2010
  • "Clearance Opinions and Reliance on Advice of Counsel in the Aftermath of Echostar," Recent Developments in IP Litigation, Brinks Gilson & Lione Seminar, Chicago, Illinois, September 2006
Memberships & Affiliations
  • American Intellectual Property Law Association
  • American Bar Association
  • Federal Circuit Bar Association
  • Intellectual Property Owners Association
Press Releases