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For more than four decades, Fenwick & West LLP has helped some of the world’s most recognized companies become, and remain, market leaders. From emerging enterprises to large public corporations, our clients are leaders in the technology, life sciences and cleantech sectors and are fundamentally changing the world through rapid innovation.  MORE >

Fenwick & West was founded in 1972 in the heart of Silicon Valley—before “Silicon Valley” existed—by four visionary lawyers who left a top-tier New York law firm to pursue their shared belief that technology would revolutionize the business world and to pioneer the legal work for those technological innovations. In order to be most effective, they decided they needed to move to a location close to primary research and technology development. These four attorneys opened their first office in downtown Palo Alto, and Fenwick became one of the first technology law firms in the world.  MORE >

From our founding in 1972, Fenwick has been committed to promoting diversity and inclusion both within our firm and throughout the legal profession. For almost four decades, the firm has actively promoted an open and inclusive work environment and committed significant resources towards improving our diversity efforts at every level.  MORE >

At Fenwick, we are proud of our commitment to the community and to our culture of making a difference in the lives of individuals and organizations in the communities where we live and work. We recognize that providing legal services is not only an essential part of our professional responsibility, but also an excellent opportunity for our attorneys to gain valuable practical experience, learn new areas of the law and contribute to the community.  MORE >

Year after year, Fenwick & West is honored for excellence in the legal profession. Many of our attorneys are recognized as leaders in their respective fields, and our Corporate, Tax, Litigation and Intellectual Property Practice Groups consistently receive top national and international rankings, including:

  • Named Technology Group of the Year by Law360
  • Ranked #1 in the Americas for number of technology deals in 2015 by Mergermarket
  • Nearly 20 percent of Fenwick partners are ranked by Chambers
  • Consistently ranked among the top 10 law firms in the U.S. for diversity
  • Recognized as having top mentoring and pro bono programs by Euromoney

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We take sustainability very seriously at Fenwick. Like many of our clients, we are adopting policies that reduce consumption and waste, and improve efficiency. By using technologies developed by a number of our cleantech clients, we are at the forefront of implementing sustainable policies and practices that minimize environmental impact. In fact, Fenwick has earned recognition in several areas as one of the top US law firms for implementing sustainable business practices.  MORE >

At Fenwick, we have a passion for excellence and innovation that mirrors our client base. Our firm is making revolutionary changes to the practice of law through substantial investments in proprietary technology tools and processes—allowing us to deliver best-in-class legal services more effectively.   MORE >

Mountain View Office
Silicon Valley Center
801 California Street
Mountain View, CA 94041
650.988.8500

San Francisco Office
555 California Street
13th Floor
San Francisco, CA 94104
415.875.2300

Seattle Office
1191 Second Avenue
10th Floor
Seattle, WA 98101
206.389.4510

New York Office
1211 Avenue of the Americas
32nd Floor
New York, NY 10036
212.921.2001

Shanghai Office
Unit 908, 9/F, Kerry Parkside Office
No. 1155 Fang Dian Road
Pudong New Area, Shanghai 201204
P.R. China
+86 21 8017 1200


Charlene M. Morrow

Partner, Litigation  

Mountain View 650.335.7155

Overview

Charlene Morrow has over 20 years of experience representing information technology and life sciences companies. She has a nationwide trial practice representing her clients in the district courts, in arbitral fora, in the International Trade Commission and on appeal to the Court of Appeals for the Federal Circuit. She also coordinates strategy on matters in the Patent Office. She also frequently coordinates international enforcement and defense efforts worldwide. In addition to extensive experience in patent litigation, she has handled a full range of issues for her clients including resolving antitrust, contract, copyright, license, standards, trade dress, trademark, and trade secrets disputes.

Case Examples:

Information Technology Representations

Charlene has been extensively involved in the representation of technology companies of all sizes facing claims from Non-Practicing Entities. She is approved panel counsel for RPX Insureds. Her work includes obtaining two recent walk-aways by patent holders Execware and Select Retrieval. She also obtained summary judgment of invalidity in YYZ, LLP v. Adobe Systems, Inc., 137 F.Supp.3d 675 (D. Del. 2015).. She was also lead trial counsel for Hewlett-Packard in Hewlett-Packard Co. v. Acceleron LLC, 587 F.3d 1358 (Fed. Cir. 2009), which set a new standard for when a declaratory judgment action may be brought against a patent holder. One of her recent publications was cited in the ongoing discussions in Congress on patent reform.

Over the years, Charlene has also represented patent holders in enforcement of their portfolios, handing matters for Agere, Enova, Macrovision, and others. She has also managed strategic patent portfolio analyses projects and performed due diligence on significant litigation matters.

Life Sciences Representations

In the life sciences arena, Charlene most recently defended The Regents of the University of California and Los Alamos National Security in claims brought by licensee Caldera Pharmaceuticals relating to drug discovery technology licensed from Los Alamos; as Caldera has publicly reported, the settlement was less than a tenth of a percent of the amount Caldera originally sought. She had previously represented The Regents in enforcement of their extensive patent portfolio relating to Guglielmi detachable coils (GDC coils) used in treating brain aneurysms. She also represented Ambu A/S in a patent and unfair competition dispute relating to laryngeal masks, and Corium Technologies in a patent ownership dispute relating to transdermal patches. She was also on the appellate team in the Elan Pharmaceuticals appeal relating to knock-out models.

Recognition

IAM magazine identified Charlene as an “outstanding” patent practitioner in its 2013 IAM Patent 1000 – The World’s Leading Patent Practitioners, where she is profiled as a “semiconductors, software and medical device expert.” In 2010 she was recognized by The Daily Journal as one of the state’s top 35 patent professionals (covering patent litigators, prosecutors and portfolio managers). In 2003 she was one of four intellectual property litigators mentioned in “Crisis Management: 28 Experts to Call When All Hell Breaks Loose,” Corporate Legal Times. She is AV-rated by Martindale-Hubbell.

History of Successful Resolutions

Charlene was lead trial counsel substituted in to defend Macromedia in a seven-patent, two-jurisdiction dispute between Adobe, Inc. and Macromedia. After back-to-back jury trials that resulted in a net damage award in favor of Macromedia, and while Macromedia's request for an injunction against Adobe Illustrator was pending, a resolution was reached.

In 2007, Charlene was lead trial counsel for The Regents of the University of California in a bench trial on the original patent portfolio covering the Guglielmi detachable coils, used primarily in treating brain aneurysms. The matter settled on the first day of trial, in a manner very favorable to The Regents, after a series of favorable rulings on the defenses raised by defendant ev3.

Charlene substituted in to defend O2Micro, Inc. in a patent and trade secret dispute with Monolithic Power Systems, and was instrumental in obtaining a defense jury verdict that the patents asserted against O2Micro were both invalid and non-infringed, and a jury verdict of $ 12 million on O2Micro’s trade secrets counterclaim. Both jury verdicts were affirmed on appeal in 2007.

Charlene also substituted in as lead trial counsel for Hewlett-Packard in St. Clair Intellectual Property Consultants, where her client was granted summary judgment of non-infringement.

Charlene was asked to defend start-up Scenix Semiconductor in a six patent case brought against it by Microchip Technologies. She obtained the withdrawal of four of the six patents, and defeated a preliminary injunction motion on the remaining two. The district court's claim construction and preliminary injunction decisions were affirmed on appeal, and the matter settled thereafter. MicrochipTechnology, Inc. v. Scenix Semiconductor, Inc., 2000 U.S. App. LEXIS 14131 (2002).

In connection with her defense of client Information Storage Devices, which was sued by Atmel Corporation shortly before it went public, Charlene conducted the first Markman (claim construction) hearing held in the Northern District of California. She went on to obtain summary judgment of noninfringement of two of three patents, sanctions, and summary judgment of invalidity of the third patent on an issue of first impression. The latter ruling was reversed in part on appeal in Atmel Corp. v. Information Storage Devices, Inc., 1998 U.S. Dist. LEXIS 17564 (Fed. Cir. 1999). The matter settled favorably following remand and renewal of ISD's motions.

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