Diana Rutowski

Partner
Intellectual Property

Diana Rutowski, an office leader in Orrick’s Silicon Valley Office, is an experienced intellectual property litigator whose practice focuses on intellectual property litigation and counseling, with experience in patent, trademark, copyright, trade secret and commercial disputes.  Ms. Rutowski’s clients come from a wide variety of industries including biotechnology, pharmaceuticals, medical devices, agrosciences, clean energy, software, computer hardware, retail services, food and beverage products, and Internet services.  Whether arguing in court or counseling an emerging technology client on intellectual property issues, Ms. Rutowski brings dedication, problem solving and creativity to her practice.

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.
  • 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.
  • 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.
  • First Data Corporation.  Ms. Rutowski represented First Data Corporation in a patent case involving operating systems for credit and debit card reader PoS (Point of Sale) terminals.
  • Verifone.  Ms. Rutowski represented Verifone in a patent case directed to Virtual Machine functionality for credit card payment terminals
  • 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 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.

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 is a member of the International Trademark Association, and is also a member of ChIPs: Advancing Women in IP and the Harvard Club of San Francisco.

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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