Fenwick & West LLP

Silicon Valley Center 801 California Street
Mountain View, CA 94041, United States

  • 650-988-8500
  • 650-938-5200

Fenwick Employment Brief - July 2014

California Employees Can Waive Class Claims In An Arbitration Agreement, But Not PAGA Claims - Resolving an issue that has created uncertainty for California employers, the California Supreme Court recently held in…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Conflict of Laws, Constitutional Law, Labor & Employment Law

How is Graphene Currently Used and What is the Hope for the Future? [Video]

In the second video of a three-part series, Fenwick attorney Paul Smith talks about the growing anticipation surrounding this strong, conductive and flexible material. Why the excitement? Simply put, graphene is easy. It’s…more
| Business Organizations, Privacy, Health, Intellectual Property, Science, Computers, & Technology

Where are You, Congress? Alice v. CLS Bank and “The Case Against Patents”

A recent episode of NPR’s “Planet Money” was entitled “The Case Against Patents.” Several notable commentators in that episode questioned whether patents help or hinder innovation, whether history supports the benefits of a…more
| Intellectual Property, Science, Computers, & Technology

What is Graphene? Fenwick Patent Attorney Has the Answer [Video]

The technology and life sciences communities alike have been raving about new "wonder material" graphene for the past year. From applications for wearable devices to the creation of lightweight, bendable televisions and…more
| Business Organizations, Privacy, Health, Intellectual Property, Science, Computers, & Technology

Two Tips for Inventors Filing Patent Applications [Video]

The intense patent activity in graphene stems from its enormous technological and commercial potential. But because much of the territory underlying the graphene cross-roads has already been claimed, patenting graphene poses…more
| Business Organizations, Electronic Discovery, Health, Intellectual Property, Science, Computers, & Technology

An Exchange with Michael Risch: Do the Facts Matter in Patent Eligibility?

In my recent analysis of the Alice decision, I wrote the following: In Benson, the Court believed (wrongly it turned about, but that’s beside the point) that the claims covered the basic algorithm for converting…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Ultramercial back to Federal Circuit. Accenture & Bancorp done

On the final day of its 2013 term, the Supreme Court issued some interesting orders in Section 101 cases dealing with computer-implemented business methods. First, in WildTangent, Inc. v. Ultramercial, LLC (13-255), the…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Could Offensive Trademarks Find Refuge in Common Law?

The 177-page tome the Trademark Trial and Appeal Board (TTAB) just issued in Blackhorse v. Pro-Football Inc. is remarkable for its length and its subject matter, cancellation of the controversial REDSKINS mark as disparaging to…more
| Art, Entertainment, & Sports Law, Civil Procedure, Communications & Media Law, Indigenous Peoples, Intellectual Property

Litigation Alert: Supreme Court Defends Expectation of Privacy In Cell Phone Data

The Supreme Court, in a unanimous decision, limited the ability of law enforcement to search cell phones while making arrests, requiring police to obtain a search warrant before examining the data contained in an arrestee’s…more
| Constitutional Law, Criminal Law, Privacy, Science, Computers, & Technology

Copyright Alert: ABC v. Aereo: What the Supreme Court Decided - And What It Did Not

On June 25, 2014, a 6-3 majority of the Supreme Court held that Aereo’s service that allows customers to view over-the-air TV broadcasts via the internet violated the public performance right under the Copyright Act. Applying…more
| Art, Entertainment, & Sports Law, Civil Procedure, Civil Remedies, Communications & Media Law, Intellectual Property

Digital Health Investments Rack up Another Impressive Month in May

Digital Health investment in May totaled $691 million, down from the impressive $924 million netted in April. The nearly $700 million in new capital, however, compares favorably to the $421 million taken in in March and shows…more
| Finance & Banking, Health, Science, Computers, & Technology

Securities Litigation Alert: The Supreme Court’s Halliburton Decision: Reliance Can Still Be Presumed In Securities Class Actions, But Defendants May Now Rebut The Presumption At An Earlier Stage

In a highly anticipated decision issued June 23, 2014, the Supreme Court in Halliburton Co. v. Erica P. John Fund, Inc., No. 13-317 (June 23, 2014), declined an invitation to overrule the “fraud-on-the-market” presumption — a…more
| Civil Procedure, Business Torts, Securities Law

Intellectual Property Alert: Supreme Court Rules Against Broadly Claimed Software Patents, But Offers No Clear Test for Abstract Ideas

In a unanimous decision, the Supreme Court held that patent claims directed to abstract ideas do not become patent eligible by the “mere recitation” of generic computer elements. Alice Corp. Pty. Ltd. v. CLS Bank Int’l, No…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Alice v. CLS: More Questions Than Answers

Alice Corp. v. CLS Bank is out and the result is not unexpected: 1) Alice's patents for computer-implemented methods and systems for financial risk intermediation are invalid. 2) The patents claim abstract idea,…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

$15M Judgment Reversed Due to Flawed Statistical Sampling Approach to Class Action

In a significant victory for California employers, the California Supreme Court threw out a $15 million judgment in favor of allegedly misclassified employees. In Duran v. U.S. Bank National Association, a putative class of…more
| Civil Procedure, Civil Remedies, Constitutional Law, Labor & Employment Law, Finance & Banking
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Areas of Practice
  • Antitrust & Trade Regulation
  • Art, Entertainment, & Sports Law
  • Business Organizations
  • Commercial Law & Contracts
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  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
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  • Securities Law
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Number of Attorneys

100+ Attorneys

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