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 >

Fenwick & West handles significant cross-border legal and business issues for a wide range of technology and life sciences who operate internationally..  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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Microsoft Loses at Top U.S. Court in Patent Case Involving Toronto's i4i

June 09, 2011

June 9, 2011 (Mountain View, CA) - Michael Sacksteder, partner in the Litigation Group of Fenwick & West, was recently quoted in several articles surrounding the Supreme Court's decision in the Microsoft v. i4i patent dispute, including the Bloomberg article "Microsoft Loses at Top U.S. Court in Patent Case Involving Toronto's i4i," the Law360 article "Invalidity Must Be Clear and Convincing: High Court" and the Daily Journal article "High Court Affirms Standards for Patents."

On June 9, 2011, the Supreme Court issued their ruling in the closely watched case of Microsoft v. i4i Limited Partnership. Despite Microsoft's support from many large corporations, the Court ultimately ruled against Microsoft in their long-running patent dispute with i4i LP.

The Justices unanimously rejected Microsoft's argument surrounding a less demanding "clear and convincing" patent standard, upholding the lower court's ruling in i4i's favor. Some attorneys have voiced their opinion that this decision did not go far enough in clarifying the "clear and convincing" standard at issue.

"We don't know what 'clear and convincing' means, but it sounds impressive," said Michael Sacksteder, who represents technology companies that supported Microsoft. "It's something a skilled litigator can use to his or her advantage." (Bloomberg)

"When there is prior art that was not considered by the patent office, there are going to be fights over how to instruct the jury about applying the clear and convincing standard," said Mr. Sacksteder. (Law360)

Justice Breyer, joined by Justices Alito and Scalia, filed a concurring opinion in the case, emphasizing that the clear and convincing standard only applies to questions of fact—not the legal question of patent invalidity. Mr. Sacksteder said he would use this concurrence for jury instructions and summary judgment motions. (Daily Journal)

Click here to view the full Bloomberg article.

Click here to view the full Law360 article (subscription required).

Click here to view the full Daily Journal article (subscription required).