April 13, 2006
THE RECORDER
By Xenia Kobylarz
SILICON VALLEY – Orrick, Herrington & Sutcliffe’s 120-lawyer intellectual property practice is about to get bigger. The firm, which has grand ambitions of doubling the size of its IP group this year, has snagged Fabio Marino, co-chairman of Bingham McCutchen’s patent litigation and prosecution practice.
A rising IP star, Marino, 36, has helped lead Bingham’s patent practice since 2004. He began his career in IP litigation in 1996 at the now defunct Skjerven Morrill, and has represented major U.S. and foreign companies in big patent cases.
Orrick saw Marino, a computer science graduate who was a software and systems consultant to several Fortune 100 companies, as a prime pick.
“Our sweet spot right now is large-scale patent litigation, and Fabio’s skill set and experience in litigating big patent cases is precisely what we we’re trying to add to our IP bench,” said Gary Weiss, Silicon Valley managing partner and head of Orrick’s IP practice.
MacPherson Kwok Chen & Heid’s Alan MacPherson, who used to work with Marino, said he’d be a “tremendous help” to Orrick. “Fabio is an excellent patent attorney with a very strong understanding of technology,” MacPherson said.
Marino’s move to Orrick, announced Tuesday, furthers the firm’s plan to aggressively expand its IP practice. Weiss said Orrick is earnestly searching for major IP litigation talents not just for the dozens of patent cases already in its pipeline but also to land even bigger ones.
In 1999, Marino successfully represented Samsung in a patent infringement case brought against the Korean company by Japanese firm Semiconductor Energy Laboratory. He is currently representing Ciena Corp. in a case against Nortel Networks.
The firm already represents marquee Silicon Valley clients such as Intel, Cisco, Yahoo, eBay and Applied Materials in various IP disputes.
“Patent cases have grown in size and significance in recent years and clients now expect that we staff cases with more than just one senior partner,” Weiss said. “You have to have a number of tremendously skilled lawyers to handle these cases and that’s a big part of what we’re building here.”
CRITICAL MASS
IP recruiter Gary Davis, of Patterson Davis Consulting, said lawyers often gravitate to platforms that are growing and to firms that appear to be actively investing in their IP practice.
“It is very difficult to get traction in IP litigation if you do not have a core group of experienced partners and Orrick understands that,” said Davis, who wasn’t involved in Marino’s move. “They have a good pipeline of work from a wide range of rainmakers and they need the talent pool to execute on the work, which in turn will lead to more work.”
“Orrick understands that the best time to grow your practice is when you are doing well and you have a lot of energy and momentum in the practice and high visibility within the firm,” he added.
Weiss said the group plans to expand in areas that are not usually served by Silicon Valley firms, such as representing clients at the International Trade Commission in Washington, D.C., and representing entertainment firms in IP concerns.
“We see a lot of opportunities in those areas and we are already seeing our investment pay off,” Weiss said.
Founded in 1995, Orrick’s IP group has grown considerably in the last few years and has also survived several high-profile partner departures. In 2001, the firm lost veteran IP litigator Terrence McMahon to McDermott, Will & Emery but has retained many of the senior litigation partners it has acquired from other firms such as William Anthony Jr., G. Hopkins Guy III and Eric Wesenberg.
Over the years, Orrick has groomed and promoted young associates in the group, many of whom are now considered respected talents in the IP field.
The firm has also thrown a lot of money into the practice. In 2002, Orrick acquired several lawyers from IP litigation boutique Lyon & Lyon and opened an Orange County office. Its push in Asia in 2005 was also fueled by the growth in the IP practice. Its Taiwan office, which was opened in January last year, is primarily focused on IP counseling and litigation.
“We’ve become one of the largest IP groups in Silicon Valley in just 10 years,” said Anthony, the group’s former head. “We have 55 attorneys exclusively doing patent litigation and to have that many lawyers in a year litigating cases, that’s not an ordinary feat.”
The fierce competition for IP talent may hamper the firm’s expansion plan. But Anthony, who recently stepped down from managing the practice, said the firm plans to leverage the group’s success to attract talents.
Marino said he is not certain whether any Bingham associates will follow him to Orrick, but he says it’s a great place to bring an IP practice. The Italian-born attorney was particularly attracted to the number of senior litigation partners at the firm.
“I’m primarily a patent litigator and Orrick has a much stronger bench in this area than anyone here in Silicon Valley,” Marino said.