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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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We take sustainability very seriously at Fenwick. Like many of our clients, we are adopting policies that reduce consumption and waste, and improve efficiency. By using technologies developed by a number of our cleantech clients, we are at the forefront of implementing sustainable policies and practices that minimize environmental impact. In fact, Fenwick has earned recognition in several areas as one of the top US law firms for implementing sustainable business practices.  MORE >

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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Federal Circuit Agrees to Rehear Dispute over ITC Powers

May 15, 2014

Fenwick litigation partner Darryl Woo spoke to The American Lawyer about the Federal Circuit’s decision to grant an en banc rehearing in Suprema v. ITC – a case in which Woo won the earlier decision preventing the International Trade Commission from imposing a ban on importation of a limited category of fingerprint scanners produced by his South Korean client, Suprema Inc.

"We don't read anything into the rehearing," Woo told the publication. He added that he welcomes the opportunity to poke holes in the underlying patent infringement theory posited by Cross Match Technologies Inc., the U.S. biometrics company that requested the ITC ban.

Woo also said any purported backlash against the earlier ruling was overblown, as the decision was based on a straightforward reading of the Tariff Act on the alleged inducement of infringement.

The American Lawyer reported that the Federal Court ruling had caused “something of a stir in patent circles” because it restricted the ITC's power to issue import bans in certain cases.

The ITC had earlier rejected most of the relief requested by Cross Match in 2011, granting an import ban on only a narrow category of products.  The three-judge Federal Circuit panel subsequently vacated the limited ban in a 2-1 decision issued in 2013.

Observing that the Fenwick team’s statutory authority argument was one that “ha[d] never [before] been presented to or decided,” the Federal Circuit panel held that in cases alleging “induced infringement,” the ITC can only ban products that are infringing U.S. patents at the time of importation, which isn't the case with Suprema's scanners.

The full article is available through The American Lawyer website.