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Mark P. Kesslen, Chair of the Intellectual Property section of the firm's Tech Group and co-chair of the IP Litigation Group, provides strategic guidance to technology-based businesses in patent strategy (licensing, litigation, and prosecution) including venture-backed companies in digital and social media, software, medical devices, clean-tech and fintech space; research and development entities including universities and major financial service companies.
Mark serves as IP counsel on numerous venture capital (representing either investors or the companies) and M&A transactions including, for example, recent investments into Twitter, Yext, Knewton and Flat World Knowledge, where issues ranged from assessing litigation, patent scope, open source, creative commons and ownership risks.
Recognition/Press:
- Named among the nation's top 50 IP attorneys under age 45 by IP Law and Business magazine (2008), which highlighted work on behalf of venture-backed companies by “helping the little guy strike a great bargain.”
- Recognized by Chambers USA: America's Leading Lawyers for Business in 2006 through 2011 as a leading intellectual property attorney: "Out of the courtroom, practice chair Mark Kesslen provides guidance in patent strategy to technology-based businesses and their investors. 'Mark's pragmatism is key to his practice - he doesn't waste time dealing with theoretical concerns, he just gets issues resolved,' report clients."
- Quoted and provides commentary on intellectual property issues for various media outlets including The Wall Street Journal, Business Week, CNN, Red Herring, Dow Jones, TheStreet.com and The Hollywood Reporter.
Mark also serves as a guest lecturer at Columbia University, where he teaches Intellectual Property Law for the Law and Technology class for the Master of Science in Technology Management Program, and at Tufts University where he lectures on the relationship between entrepreneurship and IP.
Prior to joining Lowenstein Sandler, Mark ran JPMorganChase’s Technology, Sourcing & Intellectual Property Practice Group for the Legal Department worldwide. In that role, Mark had more than 30 lawyers at JPMorganChase reporting to him from offices across the U.S., Europe and Asia. In his 8 years at JPMorganChase, Mark served as IP counsel in dozens of venture financings on behalf of Lab Morgan and its predecessor chase.com, incubators of emerging technology and financial service companies. Mark has also served as IP counsel on numerous M&A, IPO and venture capital transactions. Mark chaired the Financial Services Roundtable’s patent working group, has testified before Congress on patent reform, and served as JPMorganChase’s lead internal lawyer on multi-billion dollar outsourcing deals and patent litigation. He also served for five years on the board of directors of the Intellectual Property Owner’s Association. Over the course of Mark's career, he has prosecuted hundreds of patents and designed and implemented the patent program at JPMorganChase. Mark has handled matters in software, semiconductors, hardware, financial services, business methods and wireless and VoIP communications. Prior to joining JPMorganChase in 1997, Mark was an associate in the IP Group of Stroock & Stroock & Lavan.
Out of the office, Mark is an avid cyclist, and enjoys hiking, snow shoeing and cooking for large family dinners. Mark also serves on the Board of Directors of YMCA - Camp Belknap, a New Hampshire summer camp for boys that he attended and worked at for 12 years.
Professional/Interests:
- Member and Secretary of the Advisory Board of the Entrepreneurial Leadership Program at Tufts University, 2007-present
- Member of the 2010 Editorial Advisory Board of IP Law360
- Co-Founder and Executive Committee of First Growth Venture Network (a mentorship program for high potential, seed and early stage start-up tech entrepreneurs in and around New York City), 2009-present – covered by WSJ here
- Member, Grape Arbor VC (an angel investor group comprised of 9 friends who spend their professional lives in the tech and start-up space and pool their personal finances to make angel investments), 2006 - present
- Member of the Advisory Board of Pro Bono Partnership, a leading provider of legal services to nonprofit community-based organizations, 2009-present
- National Venture Capital Association, Patent Group Advisory Board Member
- President, Community Chest of Englewood, Englewood Cliffs and Tenafly, (ranking officer of 80+ year old charity serving the area near my home), 2006-present and Member 2002-present
- AngelVineVC, leading group of Venture Capital Funds and Angel Investors looking at deals together in NY, member/leadership team since 2006
- Board Member, Intellectual Property Owner’s Association ("IPO"), 2000-2005.
- Chair, Patents Working Group, Financial Services Roundtable, 1999-2005.
- Testified before Congress on Patent Law Issues in 2003.
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Mark Kesslen comments on the motivation behind Kickstarter's suit against ArtistShare to invalidate the patent behind their technology, which allows artists to connect with fans to participate in and fund their work.,
Crowdfunding 360, February 6, 2012
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In a CNET article, Mark Kesslen comments on the application of the "frand" principle in high-profile technology lawsuits, including those between Apple and various Android manufacturers.,
CNET, February 3, 2012
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Mark Kesslen comments on the escalation of the legal war over patents in the wireless industry in light of Motorola Inc.'s filing of a patent infringement complaint against Apple Inc.,
Wall Street Journal, Fox Business, PCWorld, SmartMoney.com, October 6, 2010
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Case Western Reserve University School of Law
(J.D., 1989)
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Tufts University
(B.S., 1986),
Electrical Engineering
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New York
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New Jersey
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1990,
U.S. Patent & Trademark Office
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- Member and Secretary of the Advisory Board of the Entrepreneurial Leadership Program at Tufts University, 2007-present
- Member of the 2010 Editorial Advisory Board of IP Law360
- Co-Founder and Executive Committee of First Growth Venture Network, 2009-present
- Member, Grape Arbor VC, 2006 - present
- Member of the Advisory Board of Pro Bono Partnership
- National Venture Capital Association, Patent Group Advisory Board Member
- President, Community Chest of Englewood, Englewood Cliffs and Tenafly, 2006-present and Member 2002-present
- AngelVineVC, member/leadership team since 2006
- Board Member, Intellectual Property Owner’s Association ("IPO"), 2000-2005
- Chair, Patents Working Group, Financial Services Roundtable, 1999-2005
- Board of Directors, YMCA Camp Belknap, Wolfeboro NH
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