Diana Rutowski

Partner
Intellectual Property

Diana Rutowski's practice focuses on intellectual property litigation, with experience in patent, trademark, copyright, trade secret and commercial contract litigation.

Ms. Rutowski also focuses on U.S. and international trademark and copyright counseling and prosecution, advising clients on branding strategies and representing clients in proceedings before the U.S. Patent & Trademark Office and the Trademark Trial and Appeals Board. Ms. Rutowski’s clients are from a wide variety of industries including Internet services, biotechnology, clean energy, retail services, software, computer hardware, food and beverage products, and medical devices.

Ms. Rutowski is a member of the International Trademark Association where she serves on the Association's Emerging Issues Committee, Development of Rights Subcommittee, and Fictional Trademarks Group. She is also a member of ChIPs: Advancing Women in IP and the Harvard Club of San Francisco.

Ms. Rutowski has had the privilege of serving the City and County of San Francisco as an Assistant District Attorney in 2011. In this capacity, Ms. Rutowski has substantial first chair trial experience and motion practice experience.

Ms. Rutowski's notable civil representations include the following. 

  • C5 Medical Werks.  Ms. Rutowski is currently representing C5 Medical Werks in a multi-national dispute seeking to preserve the client's right to use color as a functional feature for its orthopedic joint replacement products.
  • First Data Corporation.  Ms. Rutowski is currently representing First Data Corporation in a patent case involving operating systems for credit and debit card reader PoS (Point of Sale) terminals. 
  • VeriFone. Ms. Rutowski is currently representing VeriFone in a patent case directed to Virtual Machine functionality for credit card payment terminals. 
  • Tekmira Pharmaceuticals Corp.  Ms. Rutowski was on a team representing Tekmira Pharmaceuticals Corp. in Tekmira Pharmaceuticals Corp. v. Alnylam Pharmaceuticals, Inc. before the Business Litigation Section of Massachusetts state court.  Tekmira alleged that Alnylam had taken advantage of the collaboration to misappropriate Tekmira's secret RNAi delivery and manufacturing technology, including by applying for patents on technology developed by Tekmira and by passing off Tekmira's technology as its own. Two days before jury selection, the case settled with Alnylam agreeing to pay Tekmira US$75 million in cash and near-term milestone payments, and agreeing to transfer patents and patent applications to Tekmira.  Alnylam also agreed to dismiss counter-suits for patent infringement that it had filed in Massachusetts and Canada. The San Francisco Daily Journal described the settlement as a "huge win" for Tekmira.  See R. Swan, Orrick Nabs Win for Pharmaceutical Client, S.F. Daily Journal, Nov. 14, 2012.
  • MGA Entertainment, Inc.: Ms. Rutowski was on team representing MGA Entertainment in MGA v. Mattel (C.D. Cal.) that obtained a US $88 million verdict for MGA based on a finding of willful and malicious misappropriation of trade secrets against Mattel. The team successfully defended Mattel's contentions as well, establishing MGA's uncontested ownership rights in Bratz. The case involved numerous claims including copyright, trade secret, trademark and trade dress, and unfair competition.
  • SiRF Technology Inc.  Ms. Rutowski was part of a team that defended respondents SiRF Technology, Inc., E-TEN Corp., Pharos Science & Applications, Inc., MiTAC International Corp., and Mio Technology Ltd., USA in In the Matter of Certain GPS Devices and Products Containing Same (ITC Investigation No. 337-TA-602, 2007). The investigation concerned Global Locate, Inc. and Broadcom's allegations that the respondents' global positioning satellite (GPS) devices infringe claims of six Global Locate patents.
  • Hon-Hai Precision Industry Co., Ltd. Ms. Rutowski was part of the team that represented Foxconn Corporation in a patent infringement suit in the Northern District of California involving seven patents. Foxconn, a subsidiary of Hon-Hai Precision Industry Co., is Taiwan’s largest manufacturer of connectors for use in PCs and a leading global manufacturer of connectors and cable assemblies.
  • Wilbur-Ellis Company. Ms. Rutowski was part of the team that represented Wilbur-Ellis in a patent infringement suit in the Northern District of California involving plant fertilizer technology. The Orrick team successfully defeated a motion for a preliminary injunction. The case is now settled.

Ms. Rutowski began her career at the firm as a summer associate in 2003. Before joining the firm, Ms. Rutowski worked for the Legal Aid of Cambodia in the summer of 2002.

Diana Rutowski
Speeches
  • Presenter, "Promises and Pitfalls of e-Discovery," CLE Seminar (2005)
  • Presenter, "Scientific Literacy," American Association for the Advancement of Science Annual Meeting, Philadelphia, PA (February 1998)
Admitted In
  • California
Court Admissions
United States District Court
  • Central District of California
  • Northern District of California
  • Eastern District of Texas
  • District of Colorado

Education
  • J.D., Harvard Law School, 2004
  • B.A., summa cum laude, Philosophy and Political Science, University of Arizona, 2001
Honors
  • Editor, Harvard International Law Journal
Memberships
  • State Bar of California

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