Overview
Kristina Cary is a partner in the Intellectual Property Practice Group in the Boston office of Kirkland & Ellis LLP. Kristina is a patent litigator and trial attorney who concentrates primarily in hardware and software matters in the federal district courts and in Section 337 investigations before the International Trade Commission (ITC). Her practice, supported by her background in electrical and computer engineering, covers a variety of complex technologies including RF circuitry, embedded microprocessors, consumer telecommunications systems, converged devices and related software and operating systems, mobile communications infrastructure, DDR4-compliant memory modules and DRAM, memory controllers, voice over internet protocol (VoIP), voice recognition systems, LED-based lighting systems, thermoplastics, and electrical motors.
Kristina has acted as the technical and litigation lead in complex patent cases involving some of the largest technology companies in the world, and has worked with foreign counsel to develop strategies for infringement and nullity proceedings. She has examined witnesses at trial, argued Markman, deposed scores of fact and expert witnesses, coordinated extensive multinational discovery, and managed large teams of attorneys and technologists through trial and appeal. She works closely with industry experts throughout all phases of litigation and related diligence.
On the transactional side of her practice, Kristina performs merger and acquisition-focused intellectual property diligence involving patents, trademarks, trade secrets, and copyrights. She has coordinated and conducted analyses of both practical and technical issues related to acquisitions, including mechanics of domain name, source code, trade secret, and know-how transfer. In this context, she has also led open source audits to advise on sale and licensing implications.
While on leave from her prior firm in 2018, Kristina practiced as a Special Assistant District Attorney in the Middlesex County (MA) District Attorney's Office, based in the Framingham, MA, district court. During that time, Kristina prosecuted and tried numerous criminal cases in bench and jury sessions.
Experience
Representative Matters
Prior to joining Kirkland, Kristina was involved in the following matters:
- Certain Communications or Computing Devices and Components Thereof — Represented owner of portfolio of communications and computing patents against multiple of the largest technology companies in the world. The investigation successfully resolved with all parties prior to evidentiary hearing.
- Certain Consumer Electronics with Display and Processing Capabilities — Represented owners of the patent portfolio originally developed by a high performance computing manufacturer as complainant in the ITC against multiple respondents. Most respondents settled prior to hearing. After an evidentiary hearing, the Administrative Law Judge issued a recommendation for a Limited Exclusion Order against the remaining respondent, which chose to settle while Commission review of the Administrative Law Judge’s Initial Determination was pending.
- Certain Consumer Electronics and Display Devices and Products Containing Same — Represented owners of the patent portfolio that originated from a high performance computing manufacturer as complainant in the ITC, and as plaintiff in multiple parallel District of Delaware cases. The technology at issue relates to LCD panels, CPUs, GPUs, and other microprocessor technology. Successfully licensed all respondents, including some of the largest and most recognized names in the converged device space.
- Certain LED Photographic Lighting Devices and Components Thereof — Represented the maker of LED lighting systems. The ITC issued a General Exclusion Order (GEO) against respondents based in both China and the United States. The result in this case is particularly notable because it is rare for the ITC to issue a GEO due to the rigorous criteria and careful balancing of interests that apply to requests for GEOs.
- Certain Memory Modules and Components Thereof – Represented a provider of high performance SSDs and modular memory subsystems as complainant before the ITC. The matter involved patents related to server memory module products, including technology that is essential to certain JEDEC memory standards. The Administrative Law Judge issued an Initial Determination finding infringement of one of the complainant’s patents and recommended a limited exclusion order be issued.
Prior Experience
Associate, Mintz
Technology Advisor, Mintz
Technology Advisor, Pepper Hamilton
Pro Bono
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Memberships & Affiliations
International Trade Commission Trial Lawyers Association
Boston Patent Law Association
Institute of Electrical and Electronics Engineers (IEEE); IEEE Robotics and Automaton Society, IEEE Electron Devices Society, IEEE Circuits and Systems Society, IEEE Communications Society, Society of Women Engineers
Credentials
Admissions & Qualifications
- 2013Massachusetts
Courts
- United States Court of Appeals for the Federal Circuit
- United States District Court for the District of Massachusetts
- United States District Court for the Eastern District of Texas
- United States District Court for the Western District of Texas
- United States District Court for the Eastern District of Virginia (pro hac vice)
- United States District Court for the Middle District of Florida (pro hac vice)
- United States District Court for the Central District of California (pro hac vice)
- United States District Court for the District of Delaware (pro hac vice)
Education
- Suffolk University Law SchoolJ.D. (Intellectual Property Concentration)cum laude
with Distinction
Patent Law Specialization
- Olin College of EngineeringB.S., Electrical and Computer Engineering