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For more than four decades, Fenwick & West LLP has helped some of the world’s most recognized companies become, and remain, market leaders. From emerging enterprises to large public corporations, our clients are leaders in the technology, life sciences and cleantech sectors and are fundamentally changing the world through rapid innovation.  MORE >

Fenwick & West was founded in 1972 in the heart of Silicon Valley—before “Silicon Valley” existed—by four visionary lawyers who left a top-tier New York law firm to pursue their shared belief that technology would revolutionize the business world and to pioneer the legal work for those technological innovations. In order to be most effective, they decided they needed to move to a location close to primary research and technology development. These four attorneys opened their first office in downtown Palo Alto, and Fenwick became one of the first technology law firms in the world.  MORE >

From our founding in 1972, Fenwick has been committed to promoting diversity and inclusion both within our firm and throughout the legal profession. For almost four decades, the firm has actively promoted an open and inclusive work environment and committed significant resources towards improving our diversity efforts at every level.  MORE >

At Fenwick, we are proud of our commitment to the community and to our culture of making a difference in the lives of individuals and organizations in the communities where we live and work. We recognize that providing legal services is not only an essential part of our professional responsibility, but also an excellent opportunity for our attorneys to gain valuable practical experience, learn new areas of the law and contribute to the community.  MORE >

Year after year, Fenwick & West is honored for excellence in the legal profession. Many of our attorneys are recognized as leaders in their respective fields, and our Corporate, Tax, Litigation and Intellectual Property Practice Groups consistently receive top national and international rankings, including:

  • Named Technology Group of the Year by Law360
  • Ranked #1 in the Americas for number of technology deals in 2015 by Mergermarket
  • Nearly 20 percent of Fenwick partners are ranked by Chambers
  • Consistently ranked among the top 10 law firms in the U.S. for diversity
  • Recognized as having top mentoring and pro bono programs by Euromoney

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At Fenwick, we have a passion for excellence and innovation that mirrors our client base. Our firm is making revolutionary changes to the practice of law through substantial investments in proprietary technology tools and processes—allowing us to deliver best-in-class legal services more effectively.   MORE >

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Divided Appeals Court Rules on Divided Patent Infringement Claims

May 15, 2015

Fenwick & West patent litigation chair Mike Sacksteder was quoted in both The Recorder and Law360 regarding the Federal Circuit's split-decision rejecting divided patent infringement claims except in rare circumstances. 

The case involved a long-standing dispute between Akamai Technologies and Limelight Networks Inc. in which Akamai sued Limelight for patent infringement, and Limelight claimed it only performed some of the steps involved in the patent while its customers provided the remainder.

Sacksteder told The Recorder that for defense attorneys, divided infringement “[is] one of the first things you look for when presented with a claim,” because it can be the basis for a motion to dismiss. 

Sacksteder explained to Law360 that this might be the case if the process that generated the patent was divided among different entities.

"It's valuable to know, at least for the time being, that divided infringement is a viable theory, because it can be really helpful to defendants in the right case," Sacksteder said.

Known as the “single-entity rule,” The Recorder said the court’s ruling brought at least a temporary sense of clarity to an issue that the Supreme Court had already sent to the Federal Circuit on remand. 

Sacksteder told The Recorder, "I think we've gone a long way to come back to where we started.”

The full articles are available through The Recorder’s website and Law360’s website (subscriptions required).​​​