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Kristen Cramer

Partner
Wilmington
T.
302.299.1573
liamE

Kristen is an IP litigator who advocates for clients in federal district and appellate courts throughout the country and before the USPTO.

Kristen has litigated patent disputes involving pharmaceuticals, medical devices, and consumer products, among other assets, as well as trademark, trade secret, false advertising, and qui tam actions. Strategically located in the mid-Atlantic, in addition to representing clients as lead outside counsel from initial pleadings through appeal, Kristen advises clients as Delaware and New Jersey IP litigation counsel. She also counsels clients on IP-related matters including, among others, contracts and agreements, opinions, and risk-mitigation. 

While Kristen has primarily served as outside counsel, she has also served as in-house corporate litigation counsel. In this role, Kristen actively and strategically directed a network of outside counsel in numerous complex disputes and advised management on litigation matters with a goal of achieving the client's objectives.

Representative Experience

  • Obtained an order from an appellate court vacating and remanding a district court’s determination on summary judgment that a pharmaceutical client was equitably estopped from seeking to correct inventorship of certain patents.
  • Represented a pharmaceutical company in multiple ANDA litigations before district and appellate courts and the PTAB involving patents for the treatment of ulcerative colitis.
  • Served as lead counsel for a power company in a patent infringement action involving smart meters, and as oversight counsel in an IPR challenging the patent-in-suit. The PTAB found the patent invalid and the district court action was favorably resolved.
  • Represented a client as lead counsel in defending against and defeating a preliminary injunction motion filed by a competitor involving carpet tiles. The asserted patents were subsequently invalidated through IPR proceedings. 
  • Served as counsel before the Federal Circuit in a successful motion to disqualify opposing counsel in pending appellate proceedings. 
  • Successfully defended a client as lead counsel in a patent infringement action involving blood glucose monitoring devices.
  • Represented a client in a qui tam action involving pharmaceutical patents before district and appellate courts.
  • Represented a pharmaceutical company in ANDA litigation involving a drug for treating prostate cancer.
  • Represented a client in a complex trademark and false advertising action in federal district court.
  • Served as Delaware counsel in patent cases involving consumer products such as shower curtain fastening devices, televisions, television remote controls, and blood glucose test strips.
  • Intellectual Property
  • Intellectual Property Litigation
  • Patents
  • Patent Litigation
  • Trademarks
  • Pharmaceutical Litigation and Counseling
  • Biotechnology
  • Medical Devices
  • Trade Secrets, Restrictive Covenants & Unfair Competition
  • Pharmaceutical
  • American University Washington College of Law, 1999, J.D.
    • summa cum laude
  • Brown University, 1991, B.A. in Physics and English and American Literature
  • Delaware
  • U.S. District Court for the District of Delaware
  • Georgia
  • U.S. District Court for the Northern District of Georgia
  • District of Columbia
  • New Jersey
  • U.S. District Court for the District of New Jersey
  • U.S. Court of Appeals for the Federal, Third, and Ninth Circuits
  • IAM Patent, Bronze
  • The Best Lawyers in America for Intellectual Property Litigation (2017 – present)

  • Member, Federal Bar Association
News
February 2, 2024
Kristen Cramer mentioned in Law360 | "Benesch Adds Experienced IP Partner in Delaware"
January 30, 2024
Benesch Welcomes Partner Kristen Cramer to Firm's Intellectual Property Group in Wilmington
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