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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 >

Mountain View Office
Silicon Valley Center
801 California Street
Mountain View, CA 94041
650.988.8500

San Francisco Office
555 California Street
13th Floor
San Francisco, CA 94104
415.875.2300

Seattle Office
1191 Second Avenue
10th Floor
Seattle, WA 98101
206.389.4510

New York Office
1211 Avenue of the Americas
32nd Floor
New York, NY 10036
212.921.2001

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


Virginia K. DeMarchi

Partner, Litigation  

Mountain View 650.335.7967

Overview

Virginia DeMarchi represents technology and life sciences companies in patent litigation and in litigation involving other forms of intellectual property. Her clients include companies in a wide range of industries, including e-commerce, computer hardware and software, industrial enzymes, pharmaceuticals, medical devices, financial services, communications and consumer products. Virginia also represents clients before the Patent Trial and Appeal Board in inter partes review proceedings.

Virginia has tried cases in federal district courts around the country, and has argued appeals before the Federal Circuit and the Ninth Circuit. She has been consistently recognized as a Northern California Super Lawyer since 2011.

Before joining Fenwick & West, Virginia worked as a trial attorney in the Civil Division of the U.S. Department of Justice in Washington, D.C. Prior to this, she served as a judicial law clerk to the Honorable Steven J. McAuliffe, U.S. District Court for the District of New Hampshire.

Significant Matters

Patent Matters

  • U.S. Water Services v. Novozymes. Virginia successfully defended Novozymes in a patent infringement action involving a method for reducing formation of deposits in ethanol processing equipment.
  • Los Angeles Biomedical Research Institute v. Eli Lilly and Co. Virginia currently represents LA BioMed in several proceedings involving LA BioMed’s patent on a method of using PDE-5 inhibitors to treat fibrosis.
  • Novozymes v. Danisco. Ms. DeMarchi represented Novozymes at trial and on appeal in an action against rival Danisco for infringement of Novozymes’ patent for an improved alpha-amylase useful for fuel ethanol production, among other industrial applications.
  • Parallel Networks v. FriendFinder Networks. Ms. DeMarchi defended FriendFinder in a patent infringement case brought by a non-practicing entity in the United States District Court for the Eastern District of Texas. She helped FriendFinder obtain a defense damages verdict of less than $1.3 million in the face of the plaintiff’s demand of $62 million. The patents-in-suit concerned web page delivery.
  • Quito v. Netflix, Inc. et al.  Ms. DeMarchi defended Netflix in a patent infringement action brought by a non-practicing entity in the U.S. District Court for the Southern District of Florida.  She successfully argued on behalf of the joint defense group in the case for a staged approach to the litigation, in which the court considered a joint motion for summary judgment of invalidity before permitting other proceedings in the case.  The case was successfully resolved on Netflix’s behalf after briefing on the motion.  The case concerned a patent directed to personalized content delivery based on user feedback.

Other Intellectual Property Matters

  • National Products v. Gamber-Johnson. Ms. DeMarchi represented National Products at trial challenging rival Gamber-Johnson’s false advertising. The jury found Gamber-Johnson had deliberately violated the Lanham Act and awarded National Products substantial damages.
  • Joby v. Tocad America. Ms. DeMarchi represented Joby in a trade dress infringement action to protect its unique product design. Joby's motion for a preliminary injunction was resolved by stipulation and the matter settled thereafter.

Recent Publications/Presentations

  • At the Supreme Court, Fenwick & West Patent Law Year in Review (January 2015).
  • Panelist. Practice Before the Patent Trial and Appeals Board, Practicing Law Institute (October 2012).
  • Continuing Issues with Claim Construction, Fenwick & West Patent Law Year in Review (January 2012).
  • A Look Ahead: Patent Cases Before the U.S. Supreme Court and Federal Circuit in 2011, Fenwick & West Patent Law Year in Review (January 2011).
  • Navigating Contractual Indemnity Obligations for Claims of Patent Infringement, ABA IP Litigation Newsletter (January 2010).
  • Selected Legal Issues for Cloud Computing, CTUAA Annual Conference (December 2009).
  • Injunctions After eBay v. MercExchange, abridged version published in Daily Journal "Focus" column (July 27, 2007).