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 >

FLEX by Fenwick is the only service created by an AmLaw 100 firm that provides flexible and cost-effective solutions for interim in-house legal needs to high-growth companies.  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


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 >

Mountain View Office
Silicon Valley Center
801 California Street
Mountain View, CA 94041

San Francisco Office
555 California Street
12th Floor
San Francisco, CA 94104

Seattle Office
1191 Second Avenue
10th Floor
Seattle, WA 98101

New York Office
1211 Avenue of the Americas
32nd Floor
New York, NY 10036

Shanghai Office
Unit 908, 9/F, Kerry Parkside Office
No. 1155 Fang Dian Road
Pudong New Area, Shanghai 201204
P.R. China
+86 21 8017 1200

High Court Appears Split On 'Good Faith' Patent Defense

March 31, 2015

Fenwick patent litigation partner David Tellekson spoke with Law360 about the Supreme Court of the United States’ hearing in Commil USA LLC v. Cisco Systems Inc. The issue before SCOTUS is whether to uphold a Federal Circuit court’s ruling that a good faith belief that a patent is invalid can be a valid defense to induced infringement. 

In June 2013 the Federal Circuit overturned a $74 million verdict against Cisco over Wi-Fi patents. According to Law360, several Supreme Court justices compared the new defense created by the ruling with the Supreme Court’s 2011 ruling in Global-Tech Appliances v. SEB, wherein the justices held that a good faith belief that a patent is not infringed can be the basis for a defense to induced infringement

The current case will be decided by only eight justices, as Justice Stephen Breyer has recused himself. In the event of a 4-4, split, the Federal Circuit's ruling would prevail.

After the hearing, Tellekson told Law360 that based on the justices’ observation of inducement as being similar to aiding and abetting, there "appeared to provide some cause for optimism" for proponents of the Federal Court’s decision. 

"One thing seemed clear: that the court was not going to retreat from or reinterpret its decision in Global-Tech,” he said. “Both the petitioner and the government were met with strong resistance to their 'interpretation' of Global-Tech, which seemed to differ from that of the court.”

The full article is available through the Law360 website (subscription required).