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Fenwick’s Litigation Team Scores Set of Victories

July 10, 2019

Fenwick’s recent litigation successes for technology and life sciences clients have generated significant media coverage, including a feature in The American Lawyer titled “Shout-Out: Fenwick’s Sizzling Summer.” Other publications including The Recorder and Law360 also covered the wins.

“Fenwick & West litigators are hot—and not because it’s July. Firm lawyers have racked up a series of back-to-back wins since the summer solstice,” The American Lawyer wrote.

The Recorder noted that “Fenwick lawyers persuade Colorado judge that without a drug in clinical trials, there's no rush to enjoin nine employees from continuing to work at Loxo Oncology,” while reporting that the decision in Loxo Oncology, et al. v. Array BioPharma, Inc. will make it tougher for biopharma companies to get pretrial injunctions based on trade secret allegations.

Law360 reported that the Federal Circuit court affirmed the district court’s finding that defendants infringed Fenwick client UCB’s patent covering Neupro, a patch used to treat Parkinson’s disease. The decision leaves intact an injunction barring Actavis – acquired by Teva Pharmaceuticals – from selling its generic version until UCB’s patent expires.

Fenwick also represented National Products in a U.S. International Trade Commission investigation, which concluded that multiple companies infringed five patents and one trademark registration, violating Section 337 of the Tariff Act.

In a closely watched trade secrets case, multiple news outlets reported that Fenwick client CNEX prevailed when a Texas jury cleared the company of Huawei’s claims, and found in favor of CNEX on its counterclaims. 

In Innovation Sciences LLC v. Amazon.com Inc., Law360 reported that the U.S. Court of Appeals for the Federal Circuit held that one patent related to online payments was invalid under the U.S. Supreme Court’s Alice v. CLS Bank standard and affirmed that Amazon did not infringe another patent. Fenwick represented Amazon in this case.

Fenwick’s litigation team invests significant time into building a comprehensive understanding of clients’ technologies and industries to best meet the clients’ needs. The team has a track record of obtaining successful outcomes on the largest and most complex "bet the company" cases as well as more typical commercial disputes.​​​