Kristina Caggiano
Associate
Duane Morris LLP
Suite 1000
505 9th Street, N.W.
Washington, DC 20004-2166
USA
Phone: +1 202 776 5284
Fax: +1 202 478 2965
Email:
kcaggiano@duanemorris.com
Kristina A. Caggiano practices in the area of intellectual property law with an emphasis on patent prosecution, intellectual property litigation, and appellate litigation. She has represented plaintiffs, defendants, and amici in over a dozen patent infringement appeals to the Federal Circuit. At the trial level, she assists in discovery, motions, case strategy, and development for clients in a variety of technological areas, including computer and electrical devices, telecommunications, drugs (ANDA) and medical devices.
Ms. Caggiano recently completed an 18-month judicial clerkship with the Hon. Sharon Prost at the United States Court of Appeals for the Federal Circuit, and remains active in the Federal Circuit community through the Inn of Court and Federal Circuit alumni activities.
She has field experience in biotechnology and pharmaceuticals, interning as a protein chemist in drug design and development for Biogen, Inc. in Cambridge, Massachusetts, and then working for two years as an assistant researcher in molecular genetics, microbiology, and immunology at Robert Wood Johnson University Hospital in Piscataway, New Jersey.
Ms. Caggiano is a 2007 graduate of the University of Pennsylvania Law School, where she was Editor-in-Chief of the Journal of International Law & Policy (now the Journal of International Law) and a 2004 graduate of Rutgers University, where she earned a bachelor's degree with highest departmental honors in philosophy and Henry Rutgers Honors in molecular biology and biochemistry.
Representative Matters
- Allergan, Inc. v. Sandoz Inc., Case No. 09-097 (E.D. Tex.) Patent infringement action regarding Sandoz's ANDA to make a generic version of Allergan's eye pressure drops COMBIGAN® (brimonidine tartrate/timolol maleat).
- Aventis Pharma S.A. and Sanofi-Aventis U.S. LLC v. Apotex Inc. and Apotex Corp., Case No. 08-496 (GMS) (D. Del. 2010). Patent infringement action regarding Apotex's ANDA to make a generic version of Sanofi-Aventis' anti-cancer product TAXOTERE®, the active ingredient of which is docetaxel. Following a two-week trial, obtained an order for Apotex striking down the patents-in-issue as invalid and unenforceable due to Sanofi-Adventis' inequitable conduct in procuring the patents. Affirmed sub nom, Aventis Pharma S.A. and Sanofi-Aventis U.S., LLC v. Hospira, Inc., (Fed. Cir. 2012).
Admissions
- Pennsylvania
- New Jersey
- U.S. Patent and Trademark Office
- District of Columbia
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the District of New Jersey
Education
- University of Pennsylvania Law School, J.D., 2007
- Editor in Chief, Journal of International Law and Policy - Rutgers University, B.A., with highest departmental honors, 2004
Experience
- Duane Morris LLP
- Associate, 2007-2008, 2010-present - U.S. Court of Appeals for the Federal Circuit
- Judicial Clerk to the Honorable Sharon Prost, 2009-2010
Selected Publications
- Co-author, "Addressing Breach of Method-of-Use Patents by Generics," Law360, May 2, 2012
- Co-author, "Federal Circuit Addresses Infringement of Method-of-Use Patents by Generics in Yasmin® Case," Duane Morris Alert, April 18, 2012
- Co-author, "Intellectual Property Law and Employees," Bloomberg Businessweek, November 16, 2010
- Chapter 19, Third Circuit, ABA Appellate Practitioner's Guidebook, 2010
- "Coping With Kubin: A Practitioner’s Guide to Gene Sequence Patenting," Pharmaceutical Executive Magazine, 2008









