Adam Kessel is a Principal in the Boston office of Fish & Richardson. His practice emphasizes litigation involving Internet and software-related matters across all areas of intellectual property and related licensing and contractual issues. He also specializes in patent litigation involving chemistry and biotechnology. He has substantial courtroom and trial experience, including work on several IP cases at trial in the Federal Courts and International Trade Commission. He also handled nearly 200 criminal cases as a “lawyer on loan” to the Suffolk County District Attorney’s Office (2009-2010), several of which he took to trial as first chair.
Mr. Kessel has previous IP law firm experience, and served as a Judicial Intern for the Late Honorable Reginald Lindsay of the United States District Court for the District of Massachusetts (2003), as well as a Legal Intern for the Electronic Privacy Information Center (2002). Prior to law school, Mr. Kessel had many years of consulting experience in web and database programming (1990-2004), and also worked as a Lab Associate in a biochemistry lab at the University of Vermont Medical School (1997). Mr. Kessel also held a position at the Center for Neighborhood Technology as a Researcher, where he worked on environment and economic development policy issues.
Certified as a Legal Specialist in open source code auditing by Black Duck.
Selected by peers for inclusion in The Best Lawyers in America© 2015.
Named a "Boston Rising Star" by the National Law Journal, 2014.
Named a Massachusetts Super Lawyers Rising Star, 2010-2013.
Mr. Kessel has been selected as an "Up and Coming Lawyer" for 2012 by Massachusetts Lawyers Weekly, in conjunction with the Massachusetts Bar Association. This award is presented annually to twenty "lawyers who have been members of the bar for ten years or less, but who have already distinguished themselves in some way and appear poised for even greater accomplishments."
Selected publications and presentations
"IP Trends and Hot New Issues in 2007," Mass High Tech, December 29, 2006.
"Why eDiscovery Rules Will Change the Litigation Game," Managing Intellectual Property, October 2006.
"New E-discovery Rules Change Realities of Patent Litigation," New England In-House, October 2006.
"When in Doubt, Save the Data," Q&A in Legal Times, October 16, 2006.
"IP Licensing: Burgeoning Internet Topics," Presentation at Licensing Executives Society Annual Meeting, with M. Albert, September 14, 2006.
"'Phillips' Leads to a Different Result in 'Nystrom'" with J. Foster, National Law Journal, December 5, 2005.
"Self-Help, Free Software, Privacy-Enhancing Technologies, and Cryptography," Berkman Center for Internet & Society at Harvard Law School, Privacy and Cyberspace Online Course, December 2003.
"Why They're Wrong About Critical Mass," in Critical Mass: Bicycling's Defiant Celebration, edited by Chris Carlsson, San Francisco: AK Press, 2002: 105-112.
"Peroxidase Activity in Heme Proteins Derived From a Designed Combinatorial Library," with D.A. Moffet; L.K. Certain; A.J. Smith; K.A. Beckwith; and M.H. Hecht, J. Am. Chem. Soc. 122, 7612-13 (2000).
Kessel Discusses His Case Work