Ralph E. Gaskins, MD Ralph E. Gaskins, MD

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Ralph E. Gaskins, MD focuses his practice on intellectual property and commercial litigation matters involving pharmaceuticals, medical and surgical devices, biotechnology, digital imaging, communications-enabled transportation systems, electronics and internet technologies. He also handles criminal and civil investigations under the Federal Food, Drug, and Cosmetic Act, the Biologics Price Competition and Innovation Act, and the Federal False Claims Act. Read Ralph Gaskins's full bio.

Federal Circuit: Contractual Arbitration Agreements Don’t Bind PTAB Institution Decisions


By on Sep 16, 2021
Posted In Patents

The US Court of Appeals for the Federal Circuit issued an order declining to intervene in inter partes review (IPR) institution decisions by the Patent Trial & Appeal Board (PTAB) and further denied a writ of mandamus to stay the PTAB’s IPR institution pending contractually required arbitration of the dispute between MaxPower and ROHM Japan....

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When it Comes to Method of Use Claims, Preamble Language Regarding Intended Use is Limiting


By on Aug 26, 2021
Posted In Patents

The US Court of Appeals for the Federal Circuit issued three separate but related rulings (two precedential, one non-precedential) affirming decisions by the Patent Trial & Appeal Board (Board) regarding the validity of nine US patents and addressing the limitations of preamble language and motivation to combine. Eli Lilly Co. v. Teva Pharmaceuticals, Case Nos....

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Only Human: Broadest Reasonable Interpretation Standard Applies to Intentionally Expired Patent


By on Oct 22, 2020
Posted In Life Sciences, Patents

Affirming an invalidity finding by the Patent and Trial Appeal Board (PTAB), the US Court of Appeals for the Federal Circuit found that the claims of the now-expired patent should be construed under the broadest reasonable interpretation (BRI) standard, and not under the Phillips standard, because the patent owner intentionally gave up the remainder of...

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