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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 >

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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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Five Tips for Winning a Preliminary Injunction in an IP Case

April 27, 2012

Darren Donnelly, partner in the Litigation Group with Fenwick & West, was recently quoted in the Law360 article, "Five Tips for Winning a Preliminary Injunction in an IP Case."

When facing a lengthy intellectual property dispute, the preliminary injunction can represent a fast victory. This might not necessarily be a lasting victory, but one that can provide critical momentum in a case or change the course of a dispute early on.

"The courts view these orders as changing the ordinary path of the universe," said Darren Donnelly, a partner with Fenwick & West LLP. "The world is in the state it is, and for the court to go in there and disrupt that, they need to be convinced they have to do it and that there's no alternative."

One important aspect to a preliminary injunction is ensuring that there is a compelling argument that significant damages may result in the absence of the injunction. This requires specific detail about a client's business and the state of the marketplace.  Donnelly says that this kind of market information can be an intellectual property attorney's best friend when it comes to demonstrating irreparable harm.

"You need some explanation of what's going to be happening in the marketplace, some explanation of how the market is going to change if the injunction is not entered, so that the court's convinced that this unusual remedy is one that it needs to be entered rather than trying to deal with the alternative," he said.

"The themes that you put together for the court as to why a particular set of facts are not amenable to resolution later down the road with money damages — that's where good advocates do their most thinking and have the battles fought and won," he added.