Fenwick & West LLP

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Silicon Valley Center
801 California Street
Mountain View, CA 94041, United States
Phone: 650-988-8500
Fax: 650-938-5200
Practice Groups
Areas of Practice
  • Antitrust & Trade Regulation
  • Art, Entertainment, & Sports Law
  • Business Organizations
  • Commercial Law & Contracts
  • Communications & Media Law
  • Energy & Utilities
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
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Locations
Other U.S. Locations
  • California
  • Washington
Other Countries
  • China
Number of Attorneys
100+ Attorneys

Federal Circuit Denies SHzoom's Bid to Make Trading Technologies Decision Precedential, But the Case is Still Good Law

On Wednesday, the Federal Circuit, in a per curiam order, denied SHzoom's motion to make the Trading Technologies opinion precedential. The order of course gave no reasons for the decision. Nonetheless, the underlying decision…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology, Securities Law

Litigation Alert: “Oh No They Didn’t!” – Ninth Circuit Throws DMCA Safe Harbors for Moderated Content into Disarray

A three-judge panel of the Ninth Circuit handed down its latest decision on the scope of the optional safe harbor for web hosting services under Section 512(c) of the Digital Millennium Copyright Act. The April 7 decision in the…more
 /  Civil Procedure, Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Litigation Alert: CA Supreme Court Holds Arbitration Provisions Waiving Right to Seek Public Injunctive Relief "In Any Forum" Are Unenforceable

In a closely-watched case, the California Supreme Court recently held in McGill v. Citibank, N.A. that arbitration clauses that foreclose a plaintiff’s right to pursue public injunctive relief in any forum are invalid and…more
 /  Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Conflict of Laws, Finance & Banking

Litigation Alert: Ninth Circuit Rules on Copyright Preemption of Right-of-Publicity Claims

Last week, in Maloney v. T3 Media, Inc., the U.S. Court of Appeals for the Ninth Circuit held that claims under state right-of-publicity law are preempted by the Copyright Act “when a likeness has been captured in a copyrighted…more
 /  Art, Entertainment, & Sports Law, Communications & Media Law, Conflict of Laws, Constitutional Law, Intellectual Property

Heads Up: The Federal Circuit Sees Patent Eligibility in Knowing Which Way to Look

The most significant Federal Circuit decision in March was Thales Visionix, Inc. v. United States, another case finding eligible subject matter. What distinguishes this case—and demonstrates the inherently subjective…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

Trading Technologies Decision Stands, Federal Circuit Denies CQG Petitions for Rehearing

As many of you know, the Federal Circuit’s decision in Trading Technologies was the first time a graphical user interface had been found patent eligible by the Federal Circuit. The defendant CQG moved for both panel rehearing…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

AliceStorm Update for Q1 2017

With the close of the first quarter of 2017, there have been some interesting patterns developing in AliceStorm. Let’s start with the big picture..…more
 /  Civil Procedure, Civil Remedies, Intellectual Property

Litigation Alert: Supreme Court Extends Petrella Rule Barring Laches to Patent Context

Three years ago, in Petrella v. Metro-Goldwyn-Mayer, Inc., the Supreme Court held that the equitable defense of laches is not available against copyright claims for damages brought within the Copyright Act’s three-year statute…more
 /  Civil Procedure, Civil Remedies, Intellectual Property

A Startup Attorney’s Tips to Advance Private Company Diversity

One of the biggest contributors to a lack of corporate diversity is the size of a company. And the problems are often traceable to the company’s leanest, earliest days. One of my key messages to clients is that it’s never too…more
 /  Civil Rights, Commercial Law & Contracts, Labor & Employment Law, Science, Computers, & Technology

Litigation Alert: Supreme Court Clarifies Copyright Eligibility for Useful Articles

While much of the legal press may be speculating about the future of the Supreme Court’s Chevron test, yesterday the Court considered a very different kind of “chevron”—a design on a cheerleader uniform. In Star Athletica LLC v…more
 /  Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

Shzoom Requests the Federal Circuit Reissue Trading Technologies as Precedential Opinion

On January 18, 2017 the Federal Circuit issued an opinion in Trading Technologies Int’l., Inc. v. CQG, Inc., its first decision finding a user interface to be patent eligible subject matter. The court designated the opinion as…more
 /  Civil Procedure, Intellectual Property, Science, Computers, & Technology

AliceStorm Update February 2017

As many of my readers noticed, I didn't publish any of my own blogs in January and February. As it turned out, I suffered from a peculiar form of seasonal affective disorder (SAD), what I would call SMIAD: Subject Matter…more
 /  Administrative Law, Intellectual Property, Science, Computers, & Technology

Gender Diversity Survey - 2016 Proxy Season Results

The Fenwick & West Gender Diversity Survey provides unique insight into women’s participation at the most senior levels of public technology and life sciences companies in the Silicon Valley 150 Index (SV 150) and the large…more
 /  Commercial Law & Contracts, Science, Computers, & Technology

DMCA Safe Harbors De-Coded

Organizationally speaking, the Safe Harbors part of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, doesn't make much sense. Provisions governing related matters are often scattered through the section, and because…more
 /  Communications & Media Law, Intellectual Property, Science, Computers, & Technology

Your DMCA Safe Harbor Questions Answered

Do you need the answer right now to one particular question about the DMCA and its (so-called) “Safe Harbors”? Here you go! But be warned: we’re painting with a broad brush, so you will have to go further – including seeking…more
 /  Art, Entertainment, & Sports Law, Civil Remedies, Communications & Media Law, Intellectual Property, Science, Computers, & Technology
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