Education
Princeton University B.A. Chemistry 1998
Northeastern University School of Law J.D. 2004
Professional experience
Adam Kessel is an Associate in the Boston office of Fish & Richardson. His practice emphasizes patent litigation involving Internet and software-related matters, as well as chemistry and biotechnology. Mr. Kessel has previous law firm experience, and served as a Judicial Intern for The 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), where he assisted attorneys in advocacy organization and privacy issues concerning the Internet and other emerging technologies. Prior to law school, Mr. Kessel had many years of consulting experience in web and database programming and systems analysis (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.
Litigation examples
Patent litigation
In the Matter of Certain Sucralose, Sweeteners Containing Sucralose, and Related Intermediate Compounds Thereof - (I.T.C. 2007-present) Represent respondent in case involving artificial sweeteners in case before the International Trade Commission. Case pending.
Achates Reference Publishing Inc. v. Microsoft Corp. - (E.D. Tex. 2007-present) Represent Microsoft in patent infringement lawsuit relating to Microsoft Product Activation. Case pending.
Medtronic v. Abbott et al - (N.D. Cal. 2007-present) Represent Boston Scientific Corporation in patent infringement lawsuit relating to cardiovascular stents. Case pending.
Allvoice Computing PLC. v. Nuance Communications, Inc. - (S.D. Tex. 2007) Represented Nuance in patent infringement lawsuit involving computer speech recognition software. Case settled.
Bose v. Phitek et al - (D. Mass. 2007-present) Represent Bose in patent infringement action involving noise-reducing headphones. Case stayed pending resolution of matter at International Trade Commission.
VistaPrint v. 123Print - (D. Minn. 2007-present) Represent online print shop in patent infringement action involving web-based design tools. Case stayed pending resolution of reexamination proceeding.
Other litigation/dispute resolution
Bose Corporation v. Vidabox, LLC - (D. Mass. 2008) Represented Bose in trademark infringement action involving speakers. Case settled.
Bose Corporation v. BTS - (D. Mass. 2008) Represented Bose in trademark infringement action involving stereo systems. Obtained permanent injunction and judgment in Bose’s favor.
L-3 v. Airframe - (D. Mass. 2007-present) Represent L-3 in copyright infringement action involving computer software. Case pending.
Represented photographer in copyright and contract litigation against large consumer products manufacturer regarding use of photographs. Case settled.
Defended office product supply company in defamation case. Successfully defeated preliminary injunction.
Represented poet in dispute with publisher regarding copyright issues. Matter settled.
Represented graphics layout artist in dispute with publisher regarding copyright and contractual issues. Matter settled.
Represented several trademark owners in more than a dozen domain name arbitrations, all of which have resulted in transfer of the domain name to the trademark owner.
Patent prosecution
Drafted and prosecuted patent applications in various technical areas including software, Internet, chemical, and biotechnology for clients ranging from sole inventors to large multinational corporations.
Pro bono representation examples
Massachusetts Bay Transportation Authority v. Anderson et al. - (D. Mass. 2008) Represented three M.I.T. students charged with violating the Computer Fraud and Abuse Act in connection with a security analysis they designed showing vulnerabilities in the Massachusetts Bay Transportation Authority's fare collection system. Defeated preliminary injunction motion brought against students. Case settled.
WHDH v. Doe - (Mass. Supp. Ct. 2007) Represented anonymous poster to craigslist.org in motion to quash subpoena served on Internet Service Provider to discover the poster’s identity. Identity of the anonymous poster was successfully protected. Case settled.
Kohn v. Barker - (Mass. Supp. Ct. 2006) Represented noted writer and speaker on educational issues who had been prevented from speaking at a conference by the Massachusetts Department of Education in First Amendment case. Plaintiff prevailed and was awarded attorney’s fees.
Advised graduated student creators of videos critical of creationism on copyright issues including fair use and First Amendment rights.
Assisted student with autism in Brockton Public School in obtaining funding and placement in a school specializing in autistic children.
Advised nonprofit organization that provides free books to children in Africa on trademark issues and obtained trademark registration for organization.
Advised nonprofit public health policy organization on copyright issues including Creative Commons licenses.
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).
Bar admissions
Admitted to the bar in Massachusetts and to the the United States Court of Appeals for the Federal Circuit.
Additional information
Former President of Board of two nonprofit organizations developing low-income housing.
Fluent in French.
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