Fenwick & West LLP

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

  • 650-988-8500
  • 650-938-5200

Breath of Fresh Air: Software Patent Upheld After Alice

Last Friday in a note to subscribers, I predicted, tongue-in-cheek, an 80% probability that #AliceStorm would continue this morning.  Some days I’m glad to wrong. Today is one of those days. Yes, a patent eligibility decision…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

News Flash! Exxon Patents Selling Energy!

Here's an odd one. With all of the concern about patents on business methoods run amok, and patent trolls patenting the mere application of age old ideas on the Internet, with the intense scrutiny that that USPTO appears to have…more
| Energy & Utilities, Intellectual Property, Science, Computers, & Technology

Litigation Alert: Hana Financial v. Hana Bank - The Supreme Court Reaffirms the Power of the Jury to Decide Issues of Commercial Impression in a Trademark Tacking Decision

In the first substantial trademark case in over a decade, the Supreme Court unanimously decided that a jury can apply the tacking doctrine and decide whether two trademarks, used by a single party, convey the same commercial…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Intellectual Property

Electronic Signature (eSignature) Court Decision — a rare one

In an odd electronic signature (eSignature) context, on December 30, 2014 a California appellate court reversed a trial court’s upholding of a settlement agreement based on a typewritten name in an email string. See J.B.B…more
| Commercial Law & Contracts, Law Practice Products & Services, Science, Computers, & Technology

Copyright Alert: Fox v Dish Summary Judgment Rulings

Mixed Outcomes on Copyright and Contract Issues Re: Volition, Time- and Space-Shifting, Intermediate Copying and Commercials-Skipping - In a complex opinion addressing intermingled copyright and contract issues, a Federal…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Business Torts, Intellectual Property, Science, Computers, & Technology

Waiting for and Undergoing Security Checks Not Compensable Time

The United States Supreme Court recently held in Integrity Staffing Solutions, Inc. v. Busk et al. that time spent waiting for and undergoing post-shift security checks is not compensable under the Fair Labor Standards Act…more
| Civil Procedure, Labor & Employment Law

#Alicestorm: Patent Invalidations and USPTO Practice After Alice

The Pineapple Express storms that hit California last December were largest since January 2008.  The joke going around the Bay Area was that the first thing San Franciscans do when a big storm is coming is think up a new…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

IRS Filing and Reporting Requirements for ISO Exercises and ESPP Stock Transfers

This Client Alert is intended to remind you of certain year-end reporting requirements under Section 6039 of the Internal Revenue Code of 1986, as amended (the “Code”), with respect to stock issued to employees (or former…more
| Commercial Law & Contracts, Labor & Employment Law, Finance & Banking, Securities Law, Taxation

NLRB Expands Employees’ Use of Email for Protected Activity

The National Labor Relations Board (“NLRB” or the “Board”) has yet again expanded employees’ rights to discuss the terms and conditions of their employment or otherwise engage in protected activity. In Purple Communications,…more
| Labor & Employment Law

Fenwick Employment Brief - January 2015

Waiting for and Undergoing Security Checks Not Compensable Time - The United States Supreme Court recently held in Integrity Staffing Solutions, Inc. v. Busk et al. that time spent waiting for and undergoing post-shift…more
| Civil Rights, Labor & Employment Law

Digital Health Investors Catch Their Breath in November

Digital health investors seem to have taken a step back to catch their breath in November after 10 months of record-breaking activity. There were only 6 investments in November of $10 million or more and only one for more than…more
| Commercial Law & Contracts, Health, Science, Computers, & Technology

Securities Litigation Alert: In Major Ruling, Appeals Court Sharply Narrows Reach of Insider Trading Law

On December 10, 2014, the U.S. Court of Appeals for the Second Circuit reversed insider trading convictions against two former hedge fund managers, and in the process sharply limited two key doctrines underpinning many recent…more
| Commercial Law & Contracts, Criminal Law, Finance & Banking, Securities Law

Tax Alert: Commissionnaires and Other PE Structures under Scrutiny as Part of BEPS

The OECD has recently published a discussion draft on the portion of its BEPS action plan dealing with permanent establishments and has titled this paper, “Preventing the Artificial Avoidance of PE Status 1 The title itself…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Taxation

United States Property Investments under Section 956 of the Code

I. Background and Overall Scope of Section 956 - The overall purpose of section 956 is to tax investments made by CFCs in specified categories of “United States property” on a constructive dividend basis. The focus…more
| Commercial Law & Contracts, Finance & Banking, Intellectual Property, International Law & Trade, Taxation

The Day the Exception Swallowed the Rule: Is Any Software Patent Eligible After Ultramercial III?

The Supreme Court has consistently cautioned that the judicial exceptions to patent eligibility need to be carefully applied: At the same time, we tread carefully in construing this exclusionary principle lest it swallow…more
| Civil Procedure, Communications & Media Law, Conflict of Laws, Intellectual Property, Science, Computers, & Technology
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