
Mark Schenkel
Special CounselMark Schenkel
Special CounselMark Schenkel is special counsel in Sullivan & Cromwell’s Intellectual Property and Technology Transactions Group. Mr. Schenkel’s practice is focused on strategic and commercial transactions involving the development, licensing and transfer of intellectual property, software, algorithms, data, content, pharmaceuticals and biopharmaceuticals, medical devices and other technologies. His practice also includes technology-intensive mergers, acquisitions, divestitures, joint ventures and collaborations, as well as IP litigation settlement agreements.
In additional to his transactional work, Mr. Schenkel regularly counsels a broad range of clients on IP, open source, technology, privacy and cybersecurity matters.
Mr. Schenkel has been described as a leader with “broad horizons and excellent strategic judgement” (IAM Patent 1000). He has been recognized by leading industry publications, such as Chambers USA and Intellectual Asset Management (IAM).
Prior to joining Sullivan & Cromwell LLP in 2017, Mr. Schenkel was an associate in the Strategic Technology Transactions and Licensing group of the Silicon Valley and San Francisco offices of another global law firm, where his practice was similar but focused more heavily on emerging-growth companies.
SELECTED REPRESENTATIONS
IP and Technology Transactions- OpenAI, the developer of ChatGPT and Dall-E, in its multi-billion dollar partnership with Microsoft, including in the development of supercomputing systems to accelerate OpenAI’s groundbreaking independent AI research, and enabling the deployment of OpenAI’s models in Microsoft’s consumer and enterprise products
- ASML, the world’s leading maker of semiconductor lithography equipment, in connection with its worldwide patent cross-license with Nikon, settling 88 pending patent cases
- Intel in connection with numerous transactional and strategy matters, including its sale to Apple Inc. of its 5G modem business and associated cellular patents, and various patent sales and licenses
- Broadcom in its license to Synaptics of rights to its Wireless IoT Connectivity Business, and various other IP and corporate transactions
- Dolby Laboratories in connection with various commercial and IP transactions
- Adeia (formerly Xperi/TiVo) in connection with various IP transactions
Technology, Media and Telecom
- AT&T in its spin-outs of DirecTV, WarnerMedia and Vrio, as well as various commercial transactions
- Recruit Holdings in its $1.2 billion acquisition of Glassdoor
- DISH in its acquisition of EchoStar’s Broadcast Satellite Business; and its technology supplier agreements for the build-out of its 5G network infrastructure
- AMC Networks in its investment in RLJ Entertainment
Healthcare and Life Sciences
- Kite Pharma in its $11.9 billion acquisition by Gilead Sciences
- Baxter International in its $12.4 billion acquisition of Hill-Rom
- Verily Life Sciences, a subsidiary of Alphabet Inc., in its joint venture with Santen Pharmaceutical to develop and commercialize a portfolio of ophthalmological diagnostics and therapies
- Biohaven Pharmaceuticals in connection with various corporate and commercial matters
- Impax Laboratories in its combination with Amneal, to become the fifth largest generic pharmaceutical business in the U.S.; and in certain spin-off transactions
- Amazon.com in its acquisition of Pillpack, a mail-order pharmacy business
- Consortium of Yunfeng Capital and Hybio Pharmaceuticals in their acquisition of Arbor Pharmaceuticals
- Apple Tree Partners in its sale of Syntimmune to Alexion Pharmaceuticals
Consumer, Industrial and Defense
- AB Inbev in its joint venture with Jebsen Brewing, with respect to Blue Girl Beer; and the IPO of its Asian unit, Budweiser Brewing Co. APAC
- Fiat Chrysler in its proposed merger with Peugot; and in various spin-out transactions
- Zegna in its long-term license agreement for the Tom Ford Fashion brand, from Estée Lauder
- Kering in its sale of Volcom to Authentic Brands Group
- Sotheby’s in its $3.7 billion acquisition by BidFair
- L3Harris in its acquisition of Viasat’s tactical data links business for $1.96 billion, and its sale of its military training business to CAE for $1.05 billion
- Nippon Steel in connection with its strategic alliance with ArcelorMittal
- Watlow in its acquisition of Eurothem from Schneider Electric
- ACBel Polytech in its planned acquisition of the power conversion division of ABB
- Lumus Technologies, the leading developer of optics technologies for augmented reality applications, in various IP and commercial transactions
- CSM Bakery in its sale of BakeMark to Pamplona Capital
- Weir Group in its $1.2 billion acquisition of ESCO, the global leader in ground-engaging tools
- Bensussen Deutsch & Associates in its sale of PowerA, its video gaming accessories business, to ACCO Brands
- Booking Holdings in various international investment and strategic alliance transactions
Financial Technology (FinTech)
- First Republic Bank in its engagement of FIS to provide its core banking technology
- American Express Company in its proposed acquisition of Kabbage, a small business lending technology platform
- VeriFone in its $3.4 billion acquisition by Francisco Partners; and in several spin-off transactions
- U.S. Bancorp in its divestiture of its third-party ATM and debit servicing business to Fiserv
- Silicon Valley Bank in its acquisition of Leerink Capital
- AIG in its acquisition of Hamilton Insurance
- Fiserv in its acquisition of First Data
- Strategic advice regarding technology systems and IP matters for various leading financial institutions