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Krista Vink Venegas, Ph.D., is an intellectual property (IP) litigator and trial lawyer focused on the representation of global high-tech companies in highly regulated industries. As co-leader of the firm’s IP life sciences practice, Krista has experience with complex patent disputes in a variety of US venues including district and appellate courts, the International Trade Commission, and the Patent Trial and Appeal Board, as well as coordination across international venues.
With 20 years of IP experience, Krista strategically counsels life sciences clients at the intersection of IP, regulatory, and antitrust issues. She also regularly conducts IP due diligence analysis and advises on IP agreements in the context of life sciences portfolio acquisitions, corporate mergers, and private equity investments.
Prior to joining Morgan Lewis, Krista was a partner in the IP practice of another global law firm, where she was a member of its life sciences steering committee, pro bono committee, litigation training committee, diversity committee, and recruiting committee.
Previously, Krista conducted research at the University of California, Los Angeles School of Medicine, Department of Neurobiology, using a multidisciplinary approach (molecular biology, cellular biology, physiology, anatomy, and behavior) to study gene expression and regulation of neuropeptides by hormones in the brain. Krista applies her multidisciplinary degree to our high-tech clients working in industries such as pharmaceuticals, medical devices, dental products, computer systems, and other consumer products.
Selected Representations
Conducted litigation evaluations and trials relating to a variety of life sciences technologies comprising brand and generic pharmaceuticals, including biologics and small molecules (such as Hatch-Waxman cases relating to injectable, oral dosage, and topical dosage forms); medical devices (such as orthopedic implants, stents, and resorbable cosmetic implants); and medical imaging (such as ultrasound, neuronavigation, and proton beam therapy systems)
Biomet, Inc. v. Bonutti Skeletal, Inc., N.D. Ind., 13-cv-176-JVB-CAN: A patent infringement action involving spine, hip, and knee implants, in which the defendant was accused of infringing 20 patents to devices and methods of using the same (technical lead on spine and hip allegations)
Pfizer & UCB Pharma v. Sandoz, Inc., et al., D. Del., 13-cv-1111: Lead counsel in a patent infringement action related to prodrug compounds used to treat urinary incontinence, including noninfringement and invalidity defenses
Pfizer, Inc., et al. v. Sandoz, Inc., et al., D. Del., 12-cv-808: A patent infringement action related to modified salt forms of compounds used to treat depression, including noninfringement and invalidity defenses (case settled in pretrial phase)
Galderma v. Tolmar, Inc., et al., D. Del., 10-cv-045: Successfully defended a jury trial in a five-patent case relating to the treatment of acne using increased dosages of adapalene in topical formulations; patents were invalidated as obvious on appeal
Galderma v. Tolmar, Inc., N.D. Tex., 09-cv-400: Two patent cases relating to treatment for rosacea using metronidazole in betacyclodextran formulations, including noninfringement and invalidity defenses, as well as antitrust counterclaims (case settled in pretrial phase)
Conducted due diligence analysis of IP assets in corporate life sciences investments and acquisitions, including evaluation of assets in the midst of litigation and post-grant challenges
Conducted litigation and risk-management evaluations for clients in other highly regulated industries, including recreational products
Team Worldwide v. Walmart, et al., E.D. Tex., 17-cv-235: Lead counsel for supplier Bestway in three patent infringement actions relating to airbeds with built-in pump technology, and related inter partes review (IPR) post-grant proceedings
Intex v. Bestway, C.D. Cal., 16-3300, 3483, 3950: Lead counsel in multiple patent infringement actions relating to inflatable product technologies, and related IPR and post-grant proceedings
Pro Bono Representations
Chicago Lawyers Committee for Civil Rights Under Law, Inc.
Settlement Assistance Program: Successfully settled several inmate pro se civil rights cases with the Illinois State's Attorney and Attorney General's Offices following mediation facilitated by local magistrate judges
Election Protection: Election monitor for the nation’s largest nonpartisan voter protection coalition
Family Defense Center, State of Illinois v. Corona and Morales (Lake Cty. Cir. Ct., Case No. 13 MR 881): Successfully appealed administrative law judge's determination and expunged a medical neglect indication on behalf of a non-English-speaking family, stemming from their young son's ER visits
Awards and Affiliations
Member, Practice Group of the Year, Intellectual Property, Law360 (2019)
Recommended, Intellectual property: Patents: litigation (full coverage), The Legal 500 US (2019)
Recommended, Intellectual property: Patents: prosecution (including re-examination and post-grant proceedings), The Legal 500 US (2019)
Member, Finance Board, Healthy Schools Campaign
Admissions
Illinois
California
US Court of Appeals for Federal Circuit
US District Court for the Northern District of Illinois Trial Bar
US District Court for the Northern District of Indiana
US District Court for the Western District of Wisconsin
US District Court for the Central District of California
US District Court for the District of Colorado
US District Court for the District of Delaware
US District Court for the District of New Jersey
US District Court for the Northern District of Texas
US District Court for the Eastern District of Texas
Education
Illinois Wesleyan University, 1992, B.A., cum laude
Loyola Law School, Los Angeles, 2001, J.D.
University of California, Los Angeles, 1997, Ph.D., Neurobiology, Anatomy, Cell Biology
