Theranos had moved all its patent work to the Silicon Valley law firm
Wilson Sonsini two years earlier, in 2006. Chuck remembered Chris
calling him and telling him apologetically at the time that Larry Ellison
insisted Elizabeth use that firm. McDermott had obliged and
transferred everything over to them. There was nothing for a
McDermott attorney left to access.
After Elizabeth departed, Chuck consulted the heads of the firm’s
patent prosecution and patent litigation teams. The latter was John
Fuisz’s boss. He was told Theranos might have a plausible interference
case against Richard Fuisz, but John Fuisz was a partner in good
standing and the optics of the firm going up against the parent of one
of its own partners were messy. Chuck decided to turn down
Elizabeth’s request. He informed her of his decision with a phone call
a few weeks later. That was the last Chuck and McDermott expected to
hear of the matter.