The following is an excerpt from Practice Perspectives: Vault's Guide to Legal Practice Areas.
Jessica Kaempf is a partner at Fenwick’s Seattle office, specializing in patent and trade secret litigation. With a focus on representing tech and AI clients, including Databricks and FriendliAI, she navigates complex federal court cases and Patent Trial and Appeal Board (PTAB) hearings. Her experience spans pre-litigation, discovery, claim construction, and trial stages, making her a potent advocate and defender for innovators.
Joseph Schenck, a partner in Fenwick’s San Francisco office, guides his software clients through significant intellectual property (IP) transactions such as M&A, stock purchases, and complex licensing transactions. Whether advising on M&A for entities like Cisco or negotiating licensing deals for AI and games clients such as Databricks and Embracer, Joseph’s experience in tech law ensures strategic advantages for his clients. His responsibilities include drafting, reviewing, and negotiating significant agreements while aligning long-term objectives with the evolving demands of the technology sector.
Describe your practice area and what it entails.
Jessica: My practice focuses on patent and trade secret litigation. I represent clients in a wide variety of technology and life sciences industries—AI, data analytics, games, cloud computing—and I litigate in federal courts around the country as well as before the PTAB. Additionally, I counsel clients in pre-litigation matters.
Joseph: I am a licensing attorney advising clients on large transactions, such as M&A and financings, from an IP perspective. I also advise on commercial and licensing trans-actions for many clients, primarily in the tech sector, ranging from emerging companies to mature companies.
What types of clients do you represent?
Jessica: My clients range from small emerging companies to large, sophisticated companies, many of which are in the tech and AI space. A few examples are Databricks and FriendliAI. Beyond clients in the tech space, I also represent clients in other fields like consumer goods, medical devices, and other science-related fields.
Joseph: On the M&A side, I represent both large clients, buy-side acquirers like Cisco, and sell-side clients. I also focus on AI-related clients and video game-related clients like Embracer and Gearbox. On the licensing side, I represent a range of companies that are AI vendors or are using AI in their businesses, like those deploying AI in their products and services.
What types of cases/deals do you work on?
Jessica: I handle patent infringement and trade secret cases in federal courts across the United States, representing innovators as plaintiffs in lawsuits against competitors, and on the defense side, defending clients against infringement claims.
Joseph: I work on licensing deals and tech transactions of all sizes. It’s always exciting when you get to see how those deals influence the general public; for example, I worked on the acquisition of Wordle by The New York Times in 2022. That was a high-profile deal given Wordle’s popularity at the time. Additionally, I have been involved in the AI and machine learning space for several years. Working on deals at the forefront of emerging technologies is particularly rewarding, especially seeing the direct impacts on our lives.
How did you choose this practice area?
Jessica: I’ve always liked the intersection of science and law or other humanities concepts. In undergrad, I developed my own major called bioethics, society, and applied genetics, which focused on the intersection of science and social sciences. I loved learning about new technologies and inventions, and I like advocacy and persuasive writing in legal practice. Patent litigation was a great way to combine all of these interests.
Joseph: I have a software engineering background from my previous career. When I decided to pursue a career in law, I liked the idea of bringing my software background into my legal work, which naturally led me to IP and tech law. When I started interviewing with Fenwick, I learned about the firm’s games practice, and as an avid, lifelong gamer, the combination of tech, law, and video games was a natural fit for me.
What is a “typical” day like and/or what are some common tasks you perform?
Jessica: There is no typical day in the life of a litigator. My daily activities largely depend on what stage of the litigation life cycle my cases are in. If they are in the early stages, a significant portion of my day involves drafting pleadings and writing briefs, such as motions to dismiss or motions to transfer. As cases progress, my focus shifts to discovery, which includes resolving discovery disputes, writing motions to compel, conducting fact investigations, gathering documents, and working with clients on these tasks. I also spend time conducting depositions or defending them, working with experts to prepare their reports, and preparing for summary judgment, pre-trial, and trial stages. Each stage of litigation brings different tasks, making every day unique.
Joseph: Every day is a balancing act between managing the expected tasks with the unpredictable nature of client needs. While there is a general cadence to larger transactions that lets me know what to expect from a process standpoint, there are always urgent issues from my early-stage clients who may call with real-time risks that they need to manage. Additionally, I work on long-term goals and commercial transactions for our licensing clients, which involves negotiating, drafting, reviewing, and collaborating with team members to make progress on these deals.
What training, classes, experience, or skills development would you recommend to someone who wishes to enter your practice area?
Jessica: Persuasive writing is crucial in litigation, so any course that allows you to hone advocacy and persuasive writing skills would be very beneficial. Also, business finance courses are helpful for understanding your clients’ business generally and, in a litigation context, calculating damages.
Joseph: I encourage taking separate classes for patents, copyrights, and trademarks—drafting classes, too, if you plan to work on commercial transactions. And if you do work in the tech space, make it a practice to stay on top of the techno-logical advancements that underpin your clients’ technology.
What do you like best about your practice area?
Jessica: I love digging deep into new technologies, exploring the case facts, and crafting the most compelling arguments to win our cases. I also appreciate the teamwork involved in litigation; working closely with colleagues on complex IP disputes at Fenwick allows us to combine our strengths effectively to accomplish a shared goal.
Joseph: The collaboration. It lets me step outside my bubble and touch a lot of different areas, collaborating with corporate and startup attorneys on M&A or litigators on IP transaction litigation. Plus, our clients are always working on novel, cutting-edge projects, meaning we have to think creatively within the legal framework about ways to make the legal rules fit the technology we’re dealing with. It keeps things dynamic, and that’s something I really love.
What is unique about your practice area at your firm?
Jessica: I think our patent litigation practice stands out for our blend of technical prowess and business savvy, especially in tech and life sciences. We really understand our clients’ businesses and work closely with specialists within the firm, many with advanced technical and science degrees, to craft strategies that truly align with our clients’ needs and goals.
Joseph: What sets our practice and Fenwick apart is our strong focus on startups. That focus is the engine that drives much of our work forward, from M&A transactions to licensing, and creates a dynamic and innovative environment that benefits both our practice and our clients.
What kinds of experience can summer associates gain at this practice area at your firm?
Jessica: At Fenwick, we strive to give our summer associates a true sense of what their work will be like as junior associates. This includes working on substantial tasks such as writing portions of briefs, sitting in on depositions, and helping prepare for those depositions. Essentially, anything that a junior associate may be assigned to do is fair game for our summer associates.
Joseph: To echo Jessica’s response, we want to give them a genuine experience so they know what they are getting themselves into. This means they will be involved in licensing projects and performing due diligence for M&A transactions. Essentially, we want our summer associates to test drive the car before they buy it.
What advice do you have for lawyers without technical or science backgrounds who want to practice in IP?
Joseph: My advice is to be curious and willing to learn. Many of our successful lawyers and partners do not have life sciences or technical backgrounds but have demonstrated a strong commitment to learning and building on a solid IP foundation. If you’re working in IP support for M&A transactions and licensing, you can thrive with the right attitude and dedication. Ultimately, your success in IP law will be driven by your ability to continuously learn and adapt.
Jessica: As Joseph mentioned, being eager to learn is essential. My background is in life sciences, yet many of my cases involve software and high tech. You learn as you go, and it’s normal to feel uncomfortable at times, which I often have to remind myself. There’s an advantage to approaching technology with fresh eyes. Learning how to understand your clients’ technology helps you simplify complex concepts so that a judge or jury without any background knowledge can understand it too. Staying curious and proactive is key to succeeding in IP law, no matter your background.