Fenwick Lawyer Trolls for Change at Federal Circuit

December 08, 2009

December 8, 2009 (Mountain View, CA) – Charlene Morrow, Chair of Fenwick & West's Patent Litigation Group, was featured in the Recorder article, "Fenwick Lawyer Trolls for Change at Federal Circuit."

The article highlights Morrow's victory in the Federal Circuit on behalf of her client, Hewlett-Packard, in a case involving Acceleron, a patent troll. Morrow successfully argued that a declaratory judgment action HP had filed against Acceleron should not have been tossed.

After receiving threatening letters from Acceleron, a company that HP later determined was a patent troll, HP filed an action in Delaware asking the court to rule that it had not infringed on Acceleron's patents and claimed that the patents were invalid. The judge tossed the suit, so Morrow appealed and convinced a three-judge panel that the case should not have been dismissed.

In the ruling, the judges gave special consideration to the fact that Acceleron was a patent troll and wrote that "Acceleron is solely a licensing entity, and without enforcement it receives no benefits from its patents" in its decision.

The importance of the ruling, as the article notes, is that it "caused the Federal Circuit—the high court of patent case appeals—to move the needle a little toward companies who want to squash patent trolls before they get started."

To read the full Recorder article, click here.