Melenie Van is an associate in the Intellectual Property and Technology Litigation practice. She is dedicated in helping clients solve issues related to the establishment and protection of their intellectual property needs. Melenie focuses her litigation practice on effectively enforcing and defending clients’ intellectual property and commercial rights in courts and other dispute resolution forums. Melenie’s experience includes matters involving claims of patent infringement and patent misuse, trade secret misappropriation, trademark, copyright, breach of contract, and antitrust.

Melenie has worked with clients ranging from startups to Fortune 100 companies, in a variety of companies, from high technology industries, life sciences, digital health companies, pharmaceuticals, payment processing companies, mobile advertisers, phone and insurance carriers, to medical and financial institutions. Her experience involves working on cases relating to a variety of technologies, such as virtual reality, drug and dietary supplement products, payment processing devices, medical devices, and mobile and computer software and hardware. 

Prior to joining the firm, Melenie was a law clerk and summer associate at Polsinelli. Her previous experience includes working as an intellectual property legal and compliance intern at Jazz Pharmaceuticals and as a judicial extern for the Honorable Justice Nathan D. Mihara at the California Court of Appeal, Sixth Appellate District. Melenie participated in Google’s Legal Summer Institute as a legal scholar. Prior to law school, Melenie worked as an intern for the Office of the Chief Information Officer at the U.S. Department of Commerce in Washington, D.C.

Education

  • Santa Clara University School of Law (J.D., 2020)
    • Journal of International Law, Volume 18 Comments Editor; High Tech Law Certificate
  • University of California-Irvine (B.S., 2016)
    • Biological Sciences
  • University of California-Irvine (B.A., 2016)
    • Political Science

Bar Admission

  • California, 2021

Court Admissions

  • U.S. District Court, Northern District of California
  • U.S. District Court, Southern District of California
  • U.S. District Court, Central District of California
  • U.S. District Court, Eastern District of California
  • U.S. District Court, District of Delaware
  • U.S. District Court, District of Nevada
  • U.S. District Court, Western District of Washington
  • U.S. District Court, Eastern District of Virginia
  • U.S. District Court, Western District of Texas
  • United States Court of Appeals for the Federal Circuit
  • U.S. District Court, Southern District of Florida
  • U.S. District Court, Northern District of New York

Professional Affiliations

  • American Bar Association (ABA)
  • Bar Association of San Francisco (BASF)
  • National Asian Pacific American Bar Association (NAPABA)
  • Asian American Bar Association (AABA) of the Greater Bay Area
  • Asian Pacific American Bar Association (APABA) of Silicon Valley and of Los Angeles 
  • Orange County Asian American Bar Association (OCAABA)
  • ChIPs (Advancing Women in Technology)

Recognition

  • Participant, Polsinelli Trial Academy facilitated by NITA, 2026
  • Named one of Best Lawyers: Ones to Watch® in America in:
    • Intellectual Property Law, 2026
    • Litigation - Intellectual Property, 2026
    • Litigation - Patent, 2026
  • CALI Excellence for the Future Awards for Legal Research & Writing, Contracts and Civil Procedure
  • Santa Clara Journal of International Law, Volume 17 Honorable Mentions Award
Publications
AI vs. Authors: Two California Judges, Two Directions and More Uncertainty on Fair Use and Copyright
Key Takeaways Courts Lean Toward Fair Use for AI Training: Two California rulings suggest that using copyrighted works to train artificial intelligence (AI) may be considered fair use if outputs are transformative and do not replicate the original content. Pirated Libraries Raise Legal Risks: While courts accepted some use of pirated works for transformative AI purposes, they strongly criticized maintaining central libraries and training AI with pirated content for non-transformative purposes, signaling potential legal vulnerability. Legal Uncertainty Remains: With no clear precedent or updated legislation, both authors and tech companies face ongoing uncertainty; future guidance will likely need to come from Congress or the Supreme Court. The rapid advancement of AI large language models (LLMs) depends heavily on ingesting vast amounts of textual data,
Read More
Changes to Patent Subject Matter Eligibility Proposed by the Patent Eligibility Restoration Act of 2022
On August 2, 2022, Bill S. 4734, titled the Patent Eligibility Restoration Act of 2022, was first introduced to the U.S. Senate by Senator Thomas Tillis (R-NC). Later, on September 28, 2022, Senator Chris Coons (D-DE) announced that he had joined as a co-sponsor. The bill, if passed, will significantly impact patent subject matter eligibility by amending 35 U.S.C. § 101. The objective of the bill is to remove the uncertainty caused by the inconsistent application of the exceptions created by the Supreme Court decisions on patentability of abstract ideas, laws of nature, and natural phenomena. The Federal Circuit has previously noted that it was “at a loss as to how to uniformly apply § 101” and have urged the Supreme
Read More