Fenwick defended Intuit in the consumer class action styled Inter-mark v. Intuit and made new law governing online contracts. Inter-mark alleged that Intuit’s enterprise software had bugs that breached implied warranties covering the product. Fenwick filed a successful Rule 12(b)(6) motion to dismiss, arguing that Intuit’s click-wrap end-user license agreement expressly disclaimed such warranties, was enforceable and barred Inter-mark’s claims. The court granted Intuit’s motion to dismiss with prejudice and dismissed Inter-mark’s breach of implied warranty claims. This order is the first reported decision enforcing a disclaimer of warranties in a click-wrap EULA on a motion to dismiss. Inter-Mark USA, Inc. v. Intuit Inc., 2008 U.S. Dist. LEXIS 18834 (N.D. Cal. 2008).
The Fenwick litigation team was led by Rodger Cole and Songmee Connolly.