Professional Biography

Peter J. Kinsella Partner

  • Denver

    D +1.303.291.2328

    F +1.303.291.2428

    Denver

    1900 Sixteenth Street, Suite 1400

    Denver, CO 80202-5255

    +1.303.291.2328

    PKinsella@perkinscoie.com

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Overview

Experience

Technology Transactions & Privacy

  • 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 aircraft manufacturer in negotiations with its various vendors in connection with the design of a new commercial aircraft
  • 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

  • Advised South Korean online gaming developer in a patent licensing assertion and pre-litigation demands made by IBM
  • 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

News

Insights

RELATED INFORMATION

Bar and Court Admissions

  • Colorado
  • U.S. Patent and Trademark Office
  • U.S. Court of Appeals for the Federal Circuit
  • Supreme Court of the United States

Education

  • University of Minnesota Law School, J.D., 1993
  • North Dakota State University, B.S., Electrical and Electronics Engineering (Computer Engineering Option), 1990

Highlights

Bio In Other Languages

Simplified Chinese Bio | 中文简体

Professional Biography

Peter J. Kinsella Partner

  • Denver

    D +1.303.291.2328

    F +1.303.291.2428

    Denver

    1900 Sixteenth Street, Suite 1400

    Denver, CO 80202-5255

    +1.303.291.2328

    PKinsella@perkinscoie.com

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Overview

Partner Peter Kinsella focuses his practice on advising startup, emerging and large companies on intellectual property, technology, licensing and transaction matters. Pete also has extensive experience working with those in the sports industry on naming rights, licensing and sponsorship agreements. Prior to joining the firm in 2010, Pete was a partner with Faegre & Benson LLP. Prior to that, he worked in various legal capacities with Qwest Communications International Inc. (formerly US WEST Inc.) in Denver, Colorado and Honeywell Inc. in Minneapolis, Minnesota.

Pete offers extensive experience structuring and negotiating domestic and international agreements in the areas of cloud & SaaS services, Internet of Things (IoT), outsourcing, product development, software development, technology transfer, consulting services, telecommunications, data sharing, complex procurement arrangements, product distribution and sales, contract manufacturing, OEM and ODM arrangements, marketing and advertising services, content creation and distribution, corporate sponsorships, and various types of patent, trademark and copyright licenses. Pete regularly handles intellectual property issues in public and private company mergers and acquisitions. The value of several of these transactions has exceeded one billion dollars. He also has significant international experience, including in holding company, transfer pricing, export control and international distribution issues.

Pete also has significant experience working in the sports industry. He represented Liberty Media Corporation in connection with its purchase of the Atlanta Braves from Time Warner Inc. and represented US WEST in connection with its sponsorship of various sports teams and facilities as well as its association with the United States Olympic Committee and the Salt Lake City Organizing Committee for the 2002 Olympic Winter Games in Salt Lake City. Pete has drafted and negotiated a wide variety of sponsorship, promotional, sweepstakes, ticketing, event, and television broadcast arrangements on behalf of teams, sponsors and vendors in the NFL, MLB, NHL, NBA and MLS as well as cycling and motor sports teams.

Pete has been materially involved in high profile intellectual property disputes in a variety of industries, including the telecommunications, semiconductor, computer networking, automotive, clean-tech and health sciences industries. In 2005, he wrote significant portions of the appeal brief filed on behalf of AWH Corporation in the United States Court of Appeals for the Federal Circuit en banc proceedings, Phillips v. AWH Corporation, concerning the procedures that should be used to determine patent claim construction. Most recently, Pete successfully represented a third-party semiconductor tooling manufacturer in a government ITC investigation seeking to ban the importation of hard drives into the United States.

As a registered patent attorney, Pete counsels clients on patent matters, including, infringement, validity, and pre-litigation issues. While at US WEST Inc. he was responsible for managing over 1500 trademark applications and registrations in 62 countries and all trademark opposition and litigation proceedings.

Professional Recognition

  • Recognized as an IP Star by Managing IP, 2013, 2014, 2016 - present
  • Listed in Intellectual Asset Management Patent 1000, 2012 - present
  • Named the Best Lawyers’ 2012, 2015, 2017, 2019 Denver Technology Law Lawyer of the Year
  • Chambers USA: America's Leading Lawyers for Business, Intellectual Property, 2005 - present
  • Listed in The Best Lawyers in America 2007 - Present: Information Technology Law; Technology Law
  • Corporate Counsel Black Book, 2007 - 2008 
  • IAM Licensing 250 – The World’s Leading Patent and Technology Licensing Lawyers

Professional Leadership

  • American Intellectual Property Law Association
  • ABA Patent-Trademark and Copyright Section
  • Institute of Electrical and Electronic Engineering

Related Employment

  • Faegre & Benson LLP, Denver, CO, Partner

Experience

News

Insights

RELATED INFORMATION

Bar and Court Admissions

  • Colorado
  • U.S. Patent and Trademark Office
  • U.S. Court of Appeals for the Federal Circuit
  • Supreme Court of the United States

Education

  • University of Minnesota Law School, J.D., 1993
  • North Dakota State University, B.S., 1990

Highlights