Peter J. Kinsella
Pete supports clients with their intellectual property (IP) needs, structuring and negotiating agreements in a range of industries both domestically and internationally.
Peter Kinsella advises startup, emerging, and large companies on IP, technology, licensing, and transaction matters. He has extensive experience working with sports industry clients on naming rights, licensing, and sponsorship agreements.
Pete has a significant background in structuring and negotiating domestic and international agreements in the areas of cloud and SaaS services, Internet of Things, outsourcing, product development, software development, technology transfer, consulting services, telecommunications, data sharing, complex procurement arrangements, product distribution and sales, contract manufacturing, original equipment manufacturing and original design manufacturing arrangements, marketing and advertising services, content creation and distribution, corporate sponsorships, and various types of patent, trademark, and copyright licenses. He regularly handles IP issues in public and private company mergers and acquisitions, including transactions that exceed one billion dollars. He also has a breadth of international experience, including in holding company, transfer pricing, export control, and international distribution issues.
Pete has been materially involved in high-profile IP disputes in a variety of industries, including telecommunications, semiconductors, computer networking, automotives, clean-tech, and health sciences. Representative work involves writing appeal briefs and representing clients in U.S. International Trade Commission investigations.
As a registered patent attorney, Pete counsels clients on such patent matters as infringement, validity, and pre-litigation issues. Prior to joining Perkins Coie, he was responsible for managing more than 1,500 trademark applications and registrations in 62 countries, as well as all trademark opposition and litigation proceedings.
Areas of focus
Industries
Services
Education & Credentials
Education
- University of Minnesota Law School, J.D., 1993
- North Dakota State University, B.S., Electrical and Electronics Engineering (Computer Engineering Option), 1990
Bar and Court Admissions
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Colorado
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U.S. Patent and Trademark Office
- Supreme Court of the United States
- U.S. Court of Appeals for the Federal Circuit
Related Employment
- Faegre & Benson LLP, Denver, CO, Partner
Professional Recognition
Listed in Thomson Reuters “Stand-out Lawyers,” 2024
Named "Technology Law Lawyer of the Year" by Best Lawyers in America, 2023
Listed in The Best Lawyers in America: Information Technology Law; Litigation - Intellectual Property; Technology Law, 2007-2024
Chambers USA as "America's Leading Lawyer" for Intellectual Property, 2005-2024
Listed in Denver's Top Lawyers by 5280 Denver's Mile High Magazine, 2021-2024
Named IAM Global Leader, 2020-2024
Recognized as an IP Star by Managing IP, 2013-2014, 2016-2024
Listed in Intellectual Asset Management Patent 1000, 2012-2024
Named the Best Lawyers’ Lawyer of the Year Denver: Technology Law, 2012, 2015, 2017, 2019, 2021
Corporate Counsel Black Book, 2007-2008
IAM Licensing 250–The World’s Leading Patent and Technology Licensing Lawyers
Impact
Professional Leadership
- American Intellectual Property Law Association
- ABA Patent-Trademark and Copyright Section
- Institute of Electrical and Electronic Engineering
Insights
News
Professional Experience
Technology Transactions & Privacy
- Represented pharmacy automation equipment maker in connection with the negotiation of a variety of sales and services agreements
- Represented enterprise IoT vendor in connection with the development and deployment of a custom IoT system at a large U.S. retailer
- Represented probiotics manufacturer in connection with the acquisition of various biological strains
- Represented probiotics manufacturer in connection with a research and development agreement for the development and licensing of new biological strains
- Developed model satellite launch service agreement for launch services provider
- Represented aircraft manufacturer in negotiations with a large worldwide commercial air carrier for the sale of a newly designed commercial aircraft
- Represented several start-up aircraft manufacturers in negotiations with their suppliers and service providers
- Represented Albertsons in negotiations for a strategic collaboration agreement with Takeoff Technologies for e-commerce micro-fulfillment software and hardware solutions
- Represented Albertsons in negotiations with Instacart to establish strategic e-commerce delivery solutions
- Representing the IT procurement organization of a large publicly traded online marketplace and content provider in connection with the negotiation of numerous software licenses and cloud services arrangements
- Assisted with the preparation and negotiation of various agreements related to providing cloud storage services including customer agreements, onboarding agreements, reseller agreements, service terms, privacy policy and acceptable use policy
- Represented cloud storage service provider in negotiations with numerous large enterprise businesses and educational institutions
- Represented electric utility provider in the negotiation of a cloud services agreement to provide real time outage information to customers
- Represented client in creating a payment network to route transactions on a per-item basis
- Represented large consumer packaged goods (CPG) company in negotiations to establish an electronic coupon joint venture
- Represented e-ticket hardware and software vendor in connection with ticketing services agreement for professional sports team
- Represented numerous large publicly traded companies in licensing negotiations for a variety of enterprise resource planning (ERP) software systems vendors
- Represented U.K. software company in negotiations of a software development agreement for international hotel reservation system
- Represented cross-channel marketing automation provider in service agreement negotiations with a wide variety of publishers and consumer product companies
- Assisted with the preparation of various consumer agreements and policies related to internet of things (IoT) devices
- Assisted various software and content companies with the outbound licensing and distribution of software and digital content
- Represented numerous clients in the online and mobile advertising ecosystem including providing strategic advice on the approach to commercial and customer relationships and in drafting and negotiating advertiser and publisher agreements, data sharing and data analytics agreements, strategic partnerships and various affiliate program agreements
- Represented large publicly traded companies in licensing negotiations with large desktop and server software provider
- Represented application provider for large CRM cloud ecosystem with licensing of the application for enterprise customers
- Represented numerous customers in negotiations with a wide variety of business cloud service providers
- Represented Fortune 500 equipment manufacturer in connection with software licenses and cloud services agreements for agricultural and construction automation and tracking equipment
- Represented clean tech company in connection with development, and installation agreements for large industrial equipment in connection the reconfiguration and operation of a large brewery waste water disposal facility
- Assisted client in negotiating display technology development agreements with major German automotive parts manufacturer
- Represented numerous health care provider organizations in connection with the acquisition of software and other technology based medical services
- Represented health care technology providers with supply and services agreements with health care providers organizations
- Represented Fortune 100 equipment manufacturer in licensing negotiations for large industrial control equipment and related support, maintenance and license agreements
- Represented Fortune 100 telecommunications company in negotiations for the purchase of telecommunications equipment and software from a wide variety of providers
Patent Licensing and Patent Transactions
- Negotiated patent license agreements to resolve pre-litigation demands made by IBM on behalf of several companies in a variety of industries, including cloud services, gaming development, and retail
- Represented clients in negotiations with MPEG-LA and patent licensing issues arising from MPEG-LA patent license agreements
- Represented numerous clients in patent license agreement negotiations that resolved ongoing patent litigation matters
- Represented various companies in patent acquisition and sale matters, including the sale and licensing of patents to various patent pools and non-practicing entities
- Represented various clients in connection with patent litigation funding agreements
- Represented numerous companies in patent licensing negotiations with a variety of universities
Manufacturing, Distribution, and Supply Agreements
- Represented pet food company in connection with co-packing agreement
- Represented agricultural company in negotiations for chemical supply agreement
- Represented component manufacturer in negotiations for a parts supply agreement with semiconductor equipment manufacturer
- Represented gasket company in negotiation with supply and licensing agreement with Saudi Arabian manufacturing company
- Represented agricultural company in negotiations for seed supply and growing agreements
- Represented equipment manufacturer in connection with international distribution agreements for oil field equipment
- Represented cosmetic manufacturer in connection with numerous distribution agreements
- Represented international consumer clothing manufacturer with product distribution agreements
Intellectual Property and Technology Support for M&A Transactions
- Represented Trimble in connection with its formation of a multi-billion dollar precision agriculture joint venture with AGCO.
- Represented Pacira BioSciences in its acquisition of Flexion Therapeutics.
- Represented Crocs, Inc. in $2.5 Billion acquisition of HEYDUDE.
- Represented Bulk Reef Supply, a national leader in wholesale and retail aquarium supplies and portfolio company of Bertram Capital, in the acquisition of Marine Depot.
- Acquisition of certain assets of Blue Panda Communications, LP, including its CoreInteract platform, a cloud-based digital customer engagement solution for Microsoft Teams. We represented Altigen Communications in the transaction.
- Represented AdvisorEngine in its sale to Franklin Templeton. AdvisorEngine is a digital wealth platform and provider of technology and consulting services to more than 1,200 financial advisory firms in the United States that manage over $600 billion in assets.
- Represented nLIGHT, Inc. in its acquisition of Nutronics, Inc.
- Represented Wondery in its sale to Amazon.
- Represented Trimble Navigation in its acquisition of Novariant Inc.'s Terralite business.
- Represented TriQuint Semiconductor in its merger of equals with RF Micro Devices, Inc.
- Represented Accel-KKR in its proposed acquisition of Navis, a provider of operational technologies and services, from Cargotec Corporation.
- Represented Enpro in connection with its acquisition of Alluxa, a manufacturer of optical filters and thin-film precision coatings.
- Represented Accel-KKR in its carve-out acquisition of the Shipper TMS portion of the Supply Chain Optimization software business portfolio owned by Wabtec Corporation.
- Represented Accel-KKR in its investment in PINC, the leader in Digital Yard Solutions™ solutions, and subsequent acquisition of RailcarRx, a provider of a comprehensive suite of rail industry software solutions and services.
Trademark Licensing, Sports, and Entertainment Agreements
- Represented sponsor in connection with the negotiation of a multiyear NFL League sponsorship agreement
- Represented Meredith Corporation with its licensing of the Better Homes and Gardens brand to Realogy Group to operate the Better Homes and Gardens real estate franchise
- Represented Liberty Media in the negotiation of several ancillary agreements (including broadcasting and stadium naming rights agreements) related to the acquisition of the Atlanta Braves
- Represented US WEST, Inc. in the negotiation of its sponsorship and services agreements with the United States Olympic Committee and Salt Lake Organizing Committee
- Represented US WEST, Inc. in connection with its sponsorship of several professional sports teams and venues
- Represented several professional sports teams in negotiations concerning broadcast and IT services and equipment agreements
- Negotiated numerous sponsorship and facility agreements on behalf of a variety of sponsors with teams in all of the major sports leagues and music venues
- Represented professional sports team in negotiations with ticket processing provider