Mountain View, Calif. (November 5, 2014) – Fenwick & West today announced the recognition of litigation partner Jennifer Kelly as among the Top Entertainment Lawyers in California by the Daily Journal.
Kelly, who represents technology companies in intellectual property disputes, told the Daily Journal that her work for gaming clients “has grown exponentially.” Her clients include Glu Mobile, King, Intuit, Nextdoor.com, SEGA and CBS Interactive.
“More and more companies are getting into this space and mobile is just taking off,” Kelly added.
Most recently, she secured a stipulated permanent injunction for King Digital Entertainment plc, the maker of "Candy Crush Saga," in what the Daily Journal notes was the company’s “first-ever litigation in the United States,” a copyright battle with Hong Kong-based online game provider 6waves. King alleged that two of 6waves’ games, which had been released on Facebook, were unmistakable copies of King’s "Saga" games.
"It was a very rewarding case for me as well as my client because it was a situation where we knew we had a very strong claim and we got absolutely the right result," Kelly told the Daily Journal of the win.
She noted that her litigation philosophy is that if it’s best for the company, she’ll advise her clients to resolve disputes early. Often she’s able to find the opposing company’s “Achilles heel,” as she puts it, getting plaintiffs to settle for a fraction of what defending the litigation would have cost.
"I don't make the recommendation [to go to litigation] lightly," she said. "For me it has to be something that's worth pursuing from both a legal and a business standpoint."
Kelly also provides pre-litigation intellectual property counseling to her clients, advising them before or during the development process when their game or other product might potentially infringe another person’s or company’s intellectual property rights, as well as advising them when another person or company’s game or product infringes theirs. She told the Daily Journal that she encourages gaming start-ups to reach out to her sooner than later for pre-litigation counseling.
"It's actually not that hard to stay on the right side of IP laws," she said. "And it will save them so much money to get good advice early rather than getting in hot water later."
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Fenwick & West provides comprehensive legal services to ground-breaking technology and life sciences companies at every stage of their lifecycle. We craft innovative, cost-effective and practical solutions for established and emerging companies on issues ranging from venture capital, public offerings, joint ventures, M&A and strategic relationships, to intellectual property, litigation and dispute resolution, taxation, antitrust, and employment and labor law. For more than four decades, Fenwick has helped some of the world's most recognized companies become and remain market leaders.