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Christina Sperry

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+1.617.348.3018

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Christina is a seasoned patent attorney who has deep capabilities around drafting and prosecuting patents related to the electrical, mechanical, and electro-mechanical fields. She represents companies and academic institutions across the medical technology spectrum as well as a variety of other technology companies. She helps patent innovations related to medical and surgical instruments and devices, mechanical products and processes, digital health and other technology apps, telecommunications, computer hardware, and software. Providing opinions on infringement, validity, and right-to-use is also integral to her practice.

Christina is an experienced patent attorney whose clients are focused in mechanical, electrical, and electro-mechanical technology spaces, from start-ups to large corporations and academic institutions. She advises on patent preparation, prosecution, and portfolio management and provides opinions on infringement, validity, and right-to-use for clients in the US and internationally.

The areas of technology in which Christina is particularly focused include medical and surgical instruments and devices including endoscopic, soft tissue, and spinal technologies; printer and imaging technology; wireless technology including 4G, 5G, and 6G; computer hardware; computer network technology; software such as database management systems, communication protocols, and graphics interfaces; financial services; cell sorting technology; and radar technology.

While in law school, Christina served as the executive editor of the Journal of Science & Technology Law.

Christina is a seasoned patent attorney who has deep capabilities around drafting and prosecuting patents related to the electrical, mechanical, and electro-mechanical fields. She represents companies and academic institutions across the medical technology spectrum as well as a variety of other technology companies. She helps patent innovations related to medical and surgical instruments and devices, mechanical products and processes, digital health and other technology apps, telecommunications, computer hardware, and software. Providing opinions on infringement, validity, and right-to-use is also integral to her practice.

Experience

  • Represent private equity-owned Wayne Fueling Systems, formerly a division of General Electric, which manufactures fuel dispensers for petroleum retailers and commercial fleets, and compressed natural gas fueling pumps. Mintz handles worldwide patent and trademark strategy and prosecution, and enforces those protections in the US and abroad. The firm's relationship attorney serves as outside patent counsel and sits on the patent review committee, working directly with the company's stakeholders in developing patent strategy.
  • Advised medical device client on developing and implementing a post-litigation strategy. Having lost a patent litigation (in which they were represented by another law firm), Mintz attorneys helped the company assess whether they could keep their product on the market during the appeal process. We then provided advice on how to create possible design-arounds for the product to ensure it was clear of infringing the patents at issue, in the event that the appeal was unsuccessful.
  • Developed an IP strategy for a start-up company that designed a cap for user in monitoring compliance for inhalers to treat asthma. Built a successful portfolio based on the strategy, which led to a successful exit.
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viewpoints

Since Kyle Bass founded Coalition for Affordable Drugs X LLC (CFAD) to challenge pharmaceutical patents, CFAD has filed numerous petitions with the Patent Trial and Appeal Board (PTAB) of the U.S. Patent and Trademark Office (Office) seeking to institute inter partes review (IPR) proceedings to invalidate a number of pharmaceutical patents, including three patents owned by Anacor Pharmaceuticals, Inc., as previously discussed at Global IP Matters.
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The Patent Trial and Appeal Board (PTAB) recently designated Ex parte Schulhauser, Appeal 2013-007847 (PTAB April 28, 2016), as precedential.  In this decision the Board clarified how to interpret method and system claims that include conditional language.
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The U.S. Patent and Trademark Office (USPTO) allows a Request for Continued Examination (RCE) to be filed with a request to suspend processing of the RCE for up to 3 months, in accordance with 37 CFR 1.103(c).
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The U.S. Patent and Trademark Office (USPTO) explains several patent prosecution trends, goals, and programs to justify proposed spending of its collected fees in its recently-issued Fiscal Year 2017 Congressional Justification report.
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On March 7, 2016, the Court of Appeals for the Federal Circuit recognized “a patent-agent privilege extending to communications with non-attorney patent agents when those agents are acting within the agent’s authorized practice of law before the Patent Office.” 
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Kyle Bass continues to make waves throughout the pharmaceutical industry. Since Bass founded Coalition for Affordable Drugs X LLC (“CFAD”) to challenge pharmaceutical patents, CFAD has filed over three dozen petitions as of this date with the Patent Trial and Appeal Board ( “PTAB”) of the U.S. Patent and Trademark Office ( “Office”) seeking to institute inter partes review (“IPR”) proceedings to invalidate a number of pharmaceutical patents.
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It can be tricky to evaluate written description support under 35 U.S.C. § 112 for negative claim limitations since the support may amount to the absence of a feature from an invention that is described positively with respect to what it includes, as opposed to what it does not.
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In Pfizer v. Lee (No. 2015-1265, January 22, 2016), the Federal Circuit upheld the U.S. Patent and Trademark Office’s (USPTO) determination that the toll period for A-type patent term adjustment (PTA) delay stops upon the mailing of a deficient USPTO paper.
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As 2016 begins and IP strategies are being developed for the new year, it is a good time to reflect on what IP issues were prominent in 2015.  According to the many readers of Global IP Matters, hot topics included navigating the waters of U.S. patent prosecution, analyzing Federal Circuit appeals from the International Trade Commission, and handling Japanese patent oppositions.
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Filing an appeal brief with the Patent Trial and Appeal Board (PTAB) can be an effective way to advance prosecution and secure allowable claims. After an appellant’s filing of a PTAB appeal brief, an examiner may respond with an examiner’s answer. 37 C.F.R. §§ 41.37, 41.39.
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Christina is a seasoned patent attorney who has deep capabilities around drafting and prosecuting patents related to the electrical, mechanical, and electro-mechanical fields. She represents companies and academic institutions across the medical technology spectrum as well as a variety of other technology companies. She helps patent innovations related to medical and surgical instruments and devices, mechanical products and processes, digital health and other technology apps, telecommunications, computer hardware, and software. Providing opinions on infringement, validity, and right-to-use is also integral to her practice.

Recognition & Awards

  • Included on the Massachusetts Super Lawyers list (2016 – 2020)

  • Best Lawyers in America: Patent Law (2024)

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Christina is a seasoned patent attorney who has deep capabilities around drafting and prosecuting patents related to the electrical, mechanical, and electro-mechanical fields. She represents companies and academic institutions across the medical technology spectrum as well as a variety of other technology companies. She helps patent innovations related to medical and surgical instruments and devices, mechanical products and processes, digital health and other technology apps, telecommunications, computer hardware, and software. Providing opinions on infringement, validity, and right-to-use is also integral to her practice.

Involvement

  • Member, Women’s Bar Association of Massachusetts
  • Member, Boston Intellectual Property Law Association
  • Member, Boston Bar Association
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