Silicon Valley

Foley offers strong patent prosecution, patent counseling, patent litigation, and corporate financing and governance practices in California and Silicon Valley, representing clients of all sizes and stages of development, including both public and privately held companies in the high-tech, biotech, pharmaceutical, life sciences, health care, telecommunications and manufacturing sectors. Our attorneys in Palo Alto also have a strong China practice, involving both IP matters and corporate transactions.

Foley offers comprehensive legal services to help turn your innovative concepts into commercial reality. We have particular strength in the areas commonly required by emerging or innovative enterprises, including patent prosecution, patent counseling, corporate equity and debt financings, board and shareholder representation, licensing, joint ventures, and mergers and acquisitions.

Intellectual Property: Our Silicon Valley office has integrated the capabilities of the firm's nationally recognized IP Department — comprising more than 200 attorneys — and our dedicated Life Sciences Industry Team — focused on the pharmaceutical, chemical, and biotechnology markets — enabling us to deliver an innovative life cycle of patent prosecution and counseling and patent litigation services to protect and add value to your IP assets. Nearly a quarter of all patents litigated today originate in California. Our success in patent prosecution is the direct result of the extensive knowledge and experience of our attorneys, most of whom established technical credentials prior to their practice of law. More than 40 of our patent attorneys have Ph.D. degrees in various fields. Foley is routinely listed among the top 10 law firms in the country in terms of number of patents prosecuted and number of patent cases litigated by such sources as IP Today, Managing IP, and Trademark Insider Report.

Litigation: We understand the business side of the challenges and risks posed by potential and actual lawsuits, and our attorneys have the acumen and skill to effectively confront the legal issues you face. Today, Foley has one of the largest and most comprehensive litigation practices in the country. Although we are renowned for our courtroom skills, we vastly prefer to see you avoid litigation through preventive counseling. Where litigation is unavoidable, we strive to position the case for an early, prudent settlement with the most favorable business solution and the least risk for you. 

Government Enforcement, Compliance, and White Collar Defense: Our Silicon Valley office is home to members of our Government Enforcement, Compliance & White Collar Defense Practice — which brings together former federal prosecutors and federal agency law enforcement personnel with decades of experience representing companies and individuals in regulatory and government enforcement matters — to help you respond to intensified federal criminal enforcement in securities, government contracts, health care, and international transactions involving aspects of the Foreign Corrupt Practices Act.

Manufacturing: As our clients move into the future of manufacturing, our Silicon Valley attorneys are working shoulder to shoulder with them to focus on advanced manufacturing issues such as continuous process improvement; customer-focused innovation; human capital acquisition, development, and retention; enterprise-wide supply and distribution chain management and collaboration; sustainability; global engagement; reshoring; facilities siting, reconfiguration, and management; foreign direct investment; strategic acquisitions and divestitures; government and public affairs; next-generation technologies; and Big Data, as well as traditional areas such as corporate, labor, tax, and IP. We take a holistic approach to the industry, working closely with colleagues from all practices, industry teams, and offices across the firm to deliver comprehensive solutions that help you achieve your business goals.

  • In 2015, Chambers USA: America's Leading Business Lawyers ranked our Silicon Valley attorneys for excellence in health care, IT and outsourcing, life sciences, renewables and alternative energy, and white collar crime and government investigations litigation 
  • One Silicon Valley attorney was recognized in The Legal 500 guide for the United States in 2014
  • Two Silicon Valley attorneys were named to the 2012 Northern California Super Lawyers® or Rising Stars® lists, published by Law & Politics magazine
  • Our Silicon Valley office managing partner is ranked AV, the highest ethical and legal skill ratings available, by Martindale-Hubbell Legal Directory

Representative Matters

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Represented Hall Equities Group (HEG) in connection with the acquisition of 29 hotels and the corporate assets of ZMC Hotels, which employs more than 1,000 people. The aggregate purchase price was approximately $225,226,000. ZMC Hotels owns and operates both private label boutique hotels, as well as those licensed by many prominent brands, including Hilton, Marriott, IHG, Wyndham, and others. Hotels are disbursed across the country from Duluth, Minnesota, to Phoenix, Arizona, to Sebring, Florida, and many locations in between. Five hotels are clustered in Scottsdale, Arizona. All of the hotels, along with other select quality properties, were master leased to and are being managed by Zenith Asset Company, an affiliate of HEG. Equity financing for the transaction was derived from a variety of sources, including the sale of three quality properties by the Hall Equities Group sponsored investment groups, cash on hand, and the refinancing of two multi-family apartment buildings. As part of the equity raise, one of HEG's investment groups sold a shopping center to Excel Trust, Inc. This shopping center was originally developed by HEG and owned since 2000. The aggregate purchase price was approximately $131,000,000. This super-regional center is known as Monte Vista Crossings and is located in Turlock, California. Monte Vista Crossings is one of the largest open-air regional shopping centers in the western United States, and is home to national retailers such as Home Depot, Target, Kohl’s, Lowe’s, Safeway, Dick’s Sporting Goods, Ross Dress for Less, Bed Bath & Beyond, T.J. Maxx, Old Navy, Office Max, Petco, In-Shape Fitness, Gap, Pier One Imports, and more than fifty additional well known shops and restaurants. The seller retained HEG to handle the ongoing leasing and construction of the next phase of Monte Vista Crossings. Another HEG sponsored investment group sold a luxury apartment project in downtown Walnut Creek, California. This six-story, 100-unit Class “A” building of concrete construction is known as The Arroyo. The project was sold to a major US-based Life Insurance Company, which has retained HEG as both the General Contractor to complete construction of the project, and as the Property Manager for the project going forward. An additional HEG sponsored investment group sold the 41,000 square foot 2890 North Main Street office building in Walnut Creek. Proceeds from all three sales were used by the investor groups to generate equity capital for the hotel portfolio acquisition. The balance of the proceeds were derived from an acquisition loan from Bank of America.
Foley has become involved in a pro bono initiative led by the USPTO and the Federal Circuit Bar Association (FCBA). In the wake of the America Invents Act, the two organizations teamed up to establish the FCBA’s PTO Pro Bono Program to provide greater access to IP counsel for financially under-resourced independent inventors and small businesses. The initiative will ultimately also benefit the USPTO, as examiners will receive better-quality applications that they can examine more efficiently and effectively.
In January 2014, Dainippon Sumitomo Pharma Co., Ltd entered into an agreement with Edison Pharmaceuticals, Inc. ("Edison") that amends the license agreement between the two companies relating to EPI-743 and EPI-589, which are therapeutic agents under development for mitochondrial disease. On the same date, a joint research agreement for discovery of novel candidate pharmaceutical compounds targeting cellular energy metabolism and a stock purchase agreement relating to DSP’s purchase of an equity interest in Edison were also entered into. Foley & Lardner LLP client Dainippon Sumitomo Pharma Co., Ltd. manufactures and sells pharmaceuticals, food ingredients, food additives, veterinary medicines, diagnostics, and others in Japan, China, North America, and internationally. The company offers various pharmaceutical products and develops and sells ingredients and additives and offers veterinary medicines for companion animals, including dogs and cats; and farm animals, such as cattle, swine, horses, and cultured fish. Additionally, the company develops point-of-care testing diagnostic products for infectious diseases. The company was founded in 1897 and is headquartered in Osaka, Japan. Dainippon Sumitomo Pharma Co., Ltd. operates as a subsidiary of Sumitomo Chemical Co., Ltd. Edison Pharmaceuticals is a biotechnology company based on the discovery and development of low-molecular therapeutic drugs for the treatment of Mitochondrial disease. Founded in 2006, it is headquartered in Mountain View, California, USA.