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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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Myriad Genetics Patent Case Could Get Messy with the Laws of Nature and Analogies

July 23, 2012

Robert Sachs, partner in the Intellectual Property practice group at Fenwick & West, was recently quoted in the Script Intelligence article, "U.S. Capital Capsule: Myriad BRCA case: Where did this 'mess' come from?"

The case of the Association for Molecular Pathology v. U.S. Patent and Trademark Office and Myriad Genetics about whether or not Salt Lake City based Myriad's method patent, known as Claim 20, should be held up or struck down has been brought to the U.S. Court of Appeals for the Federal Circuit. The courts will determine if certain patent claims that cover Myriad's BRCA genes are valid or if they are products of nature and not human-made inventions, and therefore unpatentable.

"What the courts and the parties in Myriad and other patent cases in recent years have been dancing around is the question of what's the definition of law of nature and is it the right definition," said Robert Sachs, a partner in the Intellectual Property practice group at Fenwick & West. "There's no analysis by either side as to what is a law of nature, what does it mean, are there even laws of nature."

"Everybody is just waving hands," Mr. Sachs said, adding that no federal court has attempted in decades to tackle these questions, and in many cases, have even confused the concepts of laws of nature, natural phenomena and abstract ideas.

With such abstract ideas in the courtroom, lawyers often use analogies because "it's easier to talk about things we can physically grasp in our hands." Some of the analogies used in cases such as this one can be problematic because they could "tilt the conclusion one direction or another," Mr. Sachs said.

"I really don't like that they argue about analogies and then try to draw conclusions from there," Mr. Sachs said. "They should be talking about the thing itself. What they should be looking at is the actual subject matter."