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Peter J. Kinsella

Profile photo for Peter J. Kinsella
Profile photo for Peter J. Kinsella
合伙人

Peter J. Kinsella

Kinsella先生是事务所许可和技术及知识产权业务的合伙人。他向创业阶段和新兴成长型公司,以及大型公司就知识产权、技术、许可和交易事宜提供专业咨询。

在2010年加入事务所之前,他是Faegre & Benson  LLP的合伙人,并曾经在丹佛的Qwest国际通信公司(前美国西部公司),以及明尼阿波利斯的霍尼韦尔公司从事法律业务。

Kinsella先生在构建及谈判国内和国际协议方面拥有广泛经验,涵盖云服务、外包服务、产品开发、软件开发、技术转让、咨询服务、电信、数据分享、复杂的采购安排、产品分销、合同生产、OEM和ODM安排、市场营销和广告服务、内容制作和分发、企业赞助和不同类型专利、商标和著作权事务。他也经常处理和上市或私营公司并购相关的知识产权问题。一些交易的价值超过了10亿美元。同时,他也拥有丰富的跨国经验,包括控股公司、转让定价、出口控制和国际分销业务等。

Kinsella先生实质性参与了一些关注度相当高的知识产权争议案件。这些案件所涉及的行业覆盖了通信,半导体,计算机网络,火车,清洁技术和健康科学等。 2005年,在撰写了相当部分的上诉陈述,代表AWH公司在美国上诉法院就联邦巡回法院全体法官共同审理的有关应该被用于决定专利主张解释程序的案件,Phillips v. AWH。最近,Kinsella先生就试图禁止美国进口硬盘的政府ITC调查案件成功代表了一家第三方半导体工具生产厂商。

作为一位注册的专利律师,他向客户提供专利事务咨询,包括侵权,有效性及诉讼前事务等。在美国西部公司工作期间,他负责管理超过1500个商标在62个国家的应用和注册,并处理所有商标争议和诉讼事务。

教育与证书

教育

  • 明尼苏达大学, J.D., 1993
  • 北达科他州立大学, 理学学士, 1990

律师和法庭资格

  • 美国科罗拉多州
  • 美国专利商标局
  • 美国联邦巡回上诉法院
  • 美国最高法院

相关工作经历

  • 美国科罗拉多州丹佛,Faegre & Benson LLP, 合伙人

专业认可

  • 2021 被丹佛《5280 杂志》评为“丹佛顶级律师”

  • 2013, 2014, 2016 年 - 2024 年连续入选 被,《管理知识产权》杂志评为 IP之星

  • 2012 - 2024 年度位列知识资产管理专利 1000 人

  • 2012 年度丹佛技术领域最佳律师

  • 2005 年至今,美国商会:全美商业和知识产权顶级律师

  • 2007 年至今,位列技术法律;信息技术法全美最佳律师

  • IAM Licensing 250 - 世界顶级专利和技术许可律师

影响

专业领导力

  • 全美知识产权法律协会
  • 美国律师协会专利-商标和著作权部门
  • 电气和电子工程协会

代理经验

Technology Transactions & Privacy

  • Represented Artic Airship in connection with the purchase agreement for multiple aerostatic and aerodynamic hybrid airships.
  • 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
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