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Background

Adam Kessel is a Principal in the Boston office of Fish & Richardson. His practice focuses on intellectual property litigation, particularly cases involving software and electronics. He also specializes in open source and other software licensing. He has substantial courtroom and trial experience, including work on several cases at trial and on appeal 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 policy issues.

Personal photo

Education

JD, Northeastern University School of Law 2004


BA, Princeton University 1998
Chemistry

Admissions

  • Massachusetts 2004
  • United States Court of Appeals for the Federal Circuit
  • United States Court of Federal Claims
  • United States Court of Appeals for the First Circuit

Languages

  • English
  • French

Memberships & Affiliations

Board Member of American Civil Liberties Union of Massachusetts.
Advisory Committee and Former Board Member of nonprofit organization Jewish Alliance for Law and Social Action.
Former President of Board of two nonprofit organizations developing low-income housing.
Active with fundraising and other support for Greater Boston Legal Services and Massachusetts Legal Assistance Corporation.
Cooperating Attorney with American Civil Liberties Union and Electronic Frontier Foundation.

Other Distinctions

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.

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

“Petrellla: Supreme Court Takes on Laches,” Paper and Presentation at Joint Patent Practice Continuing Legal Education, New York City, April 23, 2014.

“DMCA Anti-Circumvention and Trafficking Provisions,” Webinar presented, March 2, 2011.

“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).

Experience

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