Kristina Caggiano Kelly practices in the area of intellectual property law with an emphasis on appellate litigation, patent litigation and patent prosecution. She regularly represents plaintiffs, defendants, and amici in appeals to the Federal Circuit and the United States Supreme Court. 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. Kristina has experience litigating cases involving patent infringement, trade secret misappropriation, federal agency regulation, government contracting, forfeiture, trademark and copyright infringement, federal employment, veterans benefits and damages calculations.
Kristina counsels clients on pre-trial certifications and ANDA filings as well as Hatch-Waxman statutory infringement litigation at the trial and appellate levels. Her experience includes actions and opinion work involving prescription pharmaceuticals such as ABILIFY® (aripiprazole), COMBIGAN® (brimonidine tartrate/timolol maleate), AMRIX® (cyclobenzaprene), TAXOTERE® (docetaxel), PRISTIQ® (desvenlafaxine), PROGRAF® (tacrolimus), and VASCEPA® (icosapent ethyl). Kristina also has experience prosecuting patents in a variety of technological areas including medical devices, biotechnology, chemistry, energy extraction, mechanical and electrical devices, and food science and packaging.
In 2010, Kristina completed an 18-month judicial clerkship with the Honorable Sharon Prost at the United States Court of Appeals for the Federal Circuit. She remains active in the Federal Circuit community through the Inn of Court and Federal Circuit alumni activities. She is also committed to pro bono work in areas of Federal Circuit jurisdiction, including representing veterans appealing denials of service-connected disability benefits through the Veterans Pro Bono Consortium.
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.
Kristina 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.
- Howmedica Osteonics Corp. v. Zimmer, Inc., No. 15-1232 (Fed. Cir. 2016): defending trial victory on claim construction and doctrine of equivalents analysis in patent infringement action involving prosthetic hip implants.
- Kingdomware Techs. Inc., v. United States, S.Ct. No. 14-916 (2016): Representing 18 veteran and service-disabled veteran-owned businesses and organizations before the United States Supreme Court in overturning government interpretation of statutorily-mandated contracting quotas.
- CardSoft LLC v. Verifone Inc., S.Ct. No. 14-1160 (2015): Petition for certiorari granted by the United States Supreme Court vacating and remanding Federal Circuit claim construction of patent term "virtual machine" under clarified standard of review.
- Hammer v. McDonald, Case No. 13-2263 (USCAVC 2015): Obtained requested relief on behalf of a pro bono Vietnam War veteran in appeal of denial of benefits for service-connected hearing loss and tinnitus.
- EON Corp. IP Holdings LLC v. AT&T Mobility LLC, Case No. 14-1392 (Fed. Cir. 2015): Patent appeal defending trial victory based on indefiniteness of computer-implemented means-plus-function claims reciting special programming for general purpose controllers.
- Unites States v. SunRise Academy, Case No. 13-3071 (D.C. Cir. 2015): Forfeiture appeal regarding standing of third party victim to challenge a criminal forfeiture order through an ancillary civil proceeding.
- Browning v. Sturm, Ruger & Co., Inc., No. 1:13-cv-00013-CW (C.D. Ut. 2014): Patent infringement and trade secret misappropriation action involving offset rotary magazines for rifles, resolved through mediation with settlement agreement that the client found favorable.
- Garnet Digital, LLC v. Yamaha Corp., No. 6:13-cv-00655 (E.D. Tex. 2014): Patent infringement action resolved on summary judgment in favor of makers of internet media sharing devices.
- Aventis Pharma S.A. and Sanofi-Aventis U.S., LLC v. Hospira, Inc., (Fed. Cir. 2012): 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 and subsequent appeal regarding Apotex's ANDA to make a generic version of Sanofi-Aventis' anti-cancer product TAXOTERE® (docetaxel).
- In re Certain Sintered Rare Earth Magnets, Inv. No. 337-TA-855 (ITC 2013): Commission investigation of alleged Section 337 violation by import of motors and motor components accused of patent infringement.
- Mitchell v. MSPB, Case No. 13-3056 (Fed. Cir. 2013): Appeal of federal employee termination based on statutory and regulatory interpretation of agency jurisdiction.
- Aspex Eyewear Inc. v. Zenni Optical, LLC, Case No. 2012-1318 (Fed. Cir. 2013): Patent appeal defending trial victory against collaterally estopped infringement claims regarding magnetically attached auxiliary frames for prescription eyeglasses.
- Apeldyn Corp. v. AU Optronics and Chi Mei Optoelectronics Corp., Case No. 08-cv-568 (D. Del. 2011); Apeldyn Corp. v. AU Optronics and Chi Mei Optoelectronics Corp., Case No. 2012-1172 (Fed. Cir. 2013): Patent infringement action regarding liquid crystal retarder switches in LCD display screens.
- LaserDynamics v. Quanta Computer, Inc., Case No. 11-1440, -1470 (Fed. Cir. 2012); LaserDynamics v. Quanta Computer, Inc., Case No. 06-cv-0348 (E.D. Tex. 2011): Patent infringement action against optical disc drives with multipurpose disc recognition capability.
- Affinity Labs of Texas, LLC. v. Volkswagen Group of America, Case No. 2011-1365 (Fed. Cir. 2011); Affinity Labs of Texas, LLC. v. Volkswagen Group of America, Case No. 08-cv-0164 (E.D. Tex. 2011): Patent infringement action directed to Affinity Lab's patented stereo systems with integrated portable digital audio devices.
- Allergan, Inc. v. Sandoz Inc., Case No. 09-097 (E.D. Tex. 2010): Patent infringement action regarding Sandoz's ANDA to make a generic version of Allergan's eye pressure drops COMBIGAN® (brimonidine tartrate/timolol maleat).
- Digital Impact, Inc. v. Bigfoot Interactive, Inc., (Fed. Cir. 2009): Patent infringement action against divided infringement claim involving an Internet-based business-method patent.
- New Jersey
- District of Columbia
- U.S. Patent and Trademark Office
- Supreme Court of the United States
- U.S. Court of Federal Claims
- 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
- U.S. District Court for the District of Columbia
- U.S. Court of Appeals for Veterans Claims
- University of Pennsylvania Law School, J.D., 2007
- Editor in Chief, Journal of International Law and Policy
- Certificate in Business and Public Policy – Wharton Business School
- Rutgers University, B.A., with highest departmental honors, 2004
- Doolittle Prize
- 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
- American Association for the Advancement of Science (AAAS)
- Judicial Fellowship Selection Committee, 2014-present
Honors and Awards
- Listed in Washington, D.C. Super Lawyers' Rising Stars, 2014-2016
- Contributor, Duane Morris Appellate Review Blog
- Co-author, "Claim Construction Strategies for Trial and Appeal in Pharma Litigation," Corporate Counsel Magazine, August 15, 2012
- Co-author, "Addressing Breach of Method-of-Use Patents by Generics," Law360, May 2, 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
Selected Speaking Engagements
- Guest Lecturer, "Patent Claim Structures and Strategies," George Washington University School of Law, 2015
- Guest Lecturer, "Principles and Concepts in Hatch-Waxman Litigation," George Washington University School of Law, 2015
- Presenter, "Issues raised in Kingdomware Technologies, Inc. v. United States and Congressional intent surrounding VOSB set-asides," American Bar Association, Small Business Committee Meeting