Christopher S. Kroon

is an IP litigator at Duane Morris. As a registered US patent attorney and partner of the firm, Chris represents generic pharmaceutical, biotechnology and medical device companies in intellectual property litigation in federal district courts throughout the US, as well as inter parte review (IPR) proceedings before the US Patent Trial and Appeal Board (PTAB). Chris has particular experience in Hatch-Waxman and medical device cases, and has handled intellectual property cases covering diverse areas of technology including recombinant proteins, fluorescent and halogen lighting, epidermal scanners, and semiconductors.

Pharmaceutical and Biotechnology Experience

Chris counsels and represents pharmaceutical and biotechnology clients from the earliest stages of product selection and pre-litigation activities (including patent avoidance and invalidation strategies) through the entirety of filing the Paragraph IV notice letter, fact and expert discovery, claim construction, trial, and appeal. Chris has litigated disputes concerning pharmaceutical compounds, drug and finished dose formulation (including oral, topical, injectable, and subcutaneous dosage forms), crystallization and polymorphs, dosing schedules, drug indications and uses, adverse events, pharmacokinetics/pharmacodynamics, organic and process chemistry, and methods of treatment.

Chris has fought to bring generic equivalents of many well-known pharmaceutical products to market across a number of therapeutic classes, including COPAXONE (multiple sclerosis); PRISTIQ (antidepressant); EFFEXOR and EFFEXOR XR (antidepressant); AZILECT (Parkinson’s disease); AXIRON (testosterone therapy); NIASPAN (extended-release niacin); ONGLYZA and KOMBIGLYZE (diabetes); ARICEPT (Alzheimer's disease); ABILIFY (antipsychotic); AVINZA (morphine sulfate); and LUNESTA (sedative).

Medical Device, Health and Life Sciences Experience

Chris has extensive experience representing and counseling clients operating in the medical device, health and life sciences industries. Chris has represented global medical device companies in connection with products in the upper extremities (shoulder, elbow, wrist and hand), lower extremities (foot and ankle including bone plates and screws), and biologics markets (xenograft), as well as large joint orthopedic devices for the hip and knee (acetabular cup systems, modular hip replacement prostheses, artificial knee implant technology). Chris is also registered to practice before the U.S. Patent and Trademark Office and has prosecuted patent and trademark applications relating to cardiac defibrillators, stents, catheters and other transvascular devices, as well as recombinant proteins and hormone detection kits. In addition, Chris provides pre-litigation counseling, assisting with developing non-infringing designs and evaluating the use of litigation alternatives, such as IPR proceedings and ex parte reexaminations.

Other Experience

Chris represents clients across broad range of industries, including companies in the electronics, lighting, building and high-performance materials technology sectors. He has represented companies from the Fortune 100 to close-held corporations and individual inventors across diverse technologies, including semiconductors, fluorescent, halogen and LED lighting products, telecommunications systems, data compression technologies, epidermal scanners, fire arms, RNA/DNA genetic testing systems, asphalt shingles, PVC piping and pavement repair materials, to name several. Chris has also represented clients in trademark and copyright litigation and in asserting or defending claims of trade secret misappropriation and unfair competition. Chris also handles transactional matters relating to intellectual property including infringement and validity opinions, patent licenses, confidentiality agreements and due diligence.

Technical and Legal Background

Chris’s technical background roots in biochemistry. After graduating from the University of New Hampshire summa cum laude, Chris joined the vascular surgery department at Boston Medical Center where he worked for several years as a research scientist in the vascular surgery department. Chris is a 2004 magna cum laude graduate of the Franklin Pierce Law Center, where he was an editor of the Franklin Pierce Law Review, and also studied at Tsinghua University in Beijing, China. Chris is registered to practice before the U.S. Patent and Trademark Office and is admitted to practice in Massachusetts, the First Circuit, and the Federal Circuit. He is a member of the Massachusetts and Boston Bar Associations, the American Bar Association and the Boston Property Law Association.

Resume

Experience

•Duane Morris LLP
- Partner, 2013-present
- Associate, 2005-2012
•Testa, Hurwitz & Thibeault LLP
- Associate, 2004-2005
- Summer Associate, 2003
•Boston Medical Center
- Scientist, Vascular Surgery Department, 1999-2001
•University of New Hampshire
- Cancer Research Assistant, 1998-1999

Honors and Awards

•Listed in Massachusetts Rising Stars, 2014-2017

Selected Publications

•Author, Protecting Against Government Intrusion for COVID-19 Therapies, Duane Morris Alert, April 7, 2020
•Co-author, Chapter 18: ANDA Preparation (with an Eye toward Approval and Litigation) and the FDA Review, Pre-ANDA Litigation: Strategies and Tactics for Developing a Drug Product and Patent Portfolio, 2014
• U.S. Supreme Court Restores Generic Pharma's Ability to Challenge Orange Book Use Code Information, Duane Morris Alert, April 19, 2012
• New Terrain, a legal analysis of the impact of the Supreme Court's decision in eBay Inc., et al. v. MercExchange LLC, 8-K Magazine, Fall 2006
• Trade Secrets: A Concealed Weapon? Spirit Airline's Skylights Magazine, January/February 2007