close

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

MORE >

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


About Our Post-Grant Proceedings Practice


The Post-Grant Proceedings practice at Fenwick & West is built with seasoned patent practitioners and litigators with deep experience in patent disputes at the U.S. Patent and Trademark Office, U.S. federal courts and the International Trade Commission (ITC). The practice covers all aspects of dealing with administrative patent disputes, including trials at the U.S. Patent and Trademark Office, post-grant reviews, inter partes reviews, ex parte reexaminations, derivation proceedings, covered business method reviews, and also covers cross-over patent litigation strategy. The practice members leverage their years of extensive experience in patent reexamination proceedings and parallel litigation to develop cost-effective, business-focused strategies for dealing with patent disputes under the new PTO rules mandated by the America Invents Act (AIA) and the evolving IP management landscape.

The firm recently launched an interactive PTAB Database that decodes post-grant decisions reached by the USPTO’s Patent Trial and Appeals Board, to help users analyze the ever-evolving post-grant space.

The cost of defending and enforcing patents has grown prohibitively high. To help manage these costs, Congress introduced the AIA with new laws designed to streamline awards of patents, raise the quality of examination processes and cost effectively resolve disputes over validity. Under the umbrella of the newly created Patent Trial and Appeal Board (PTAB), core aspects of resolving validity disputes are now governed by newly designed post-grant opposition proceedings. The PTAB has been designed to leverage the U.S. Patent and Trademark Office’s regulatory and technical expertise in patent reexamination by expanding its scope to include other validity disputes in quasi-litigation contexts. This will potentially allow parties to resolve validity disputes without introducing the high costs and complicated proceedings of in-court litigation to the opposition process. 

To help clients strategically navigate these new waters, the Fenwick & West Post-Grant Proceedings practice leverages its extensive experience in collaboratively representing third-party challengers and patent holders in ex parte and inter partes patent reexamination proceedings that cross over with parallel litigation. Moreover, the group includes practitioners who regularly represent and advise companies from startups up to large enterprises in cross-over disputes, thereby providing an understanding of the unique business goals and challenges facing companies at different stages. This experience brings with it unique insights for developing cost-effective, and as importantly, business-focused, strategies for dealing with patent disputes.

What You Can Expect with Fenwick on Your Team

A Focus on Business Goals

Fenwick’s intense focus on technology industries allows us to become deeply familiar with the market realities and competitive landscape of our clients. Because we understand the subtleties of our clients’ businesses, we are able to participate on a business strategy level, not just an individual dispute level, and work with you to drive dispute resolution towards your business goals.

A Multi-Disciplinary Approach

Fenwick’s size and practice mix provides our practitioners with broad-based business experience: litigators jump in to resolve problems on corporate deals; licensing and patent prosecution attorneys work on strategy and analysis with litigators. With a well-rounded bench who understand the business context in which our work is applied, we are able to efficiently work with you to develop post-grant proceeding strategies that incorporate an array of factors and potential paths for resolving disputes.

Take Action

For more information on how best to leverage the new post-grant proceeding rules to reduce costs and better extract value from your patent portfolio, contact the Co-Chairs of the Post-Grant Proceedings practice, Rajiv Patel (rpatel@fenwick.com; +1.650.335.7607), Stuart Meyer (smeyer@fenwick.com; +1.650.335.7286) or any of our other practitioners in this practice.