Diana M. Rutowski has always loved complex puzzles – studying each piece until the solution emerges. She applies that same determined curiosity to her IP practice. After carefully listening to each client, Diana examines every legal, business, and human element, arranging disparate pieces into elegant solutions. With Diana as their advocate, her clients can confidently develop and expand their IP strategy and portfolios.
As a seasoned IP litigator and counselor, Diana’s practice has run the gamut from high stakes trials, to take-down and anti-counterfeiting campaigns, to employee departure and trade secret investigations. She represents clients in District and state courts and before the Trademark Trial and Appeal Board. Diana recently tried and won a complex case in which the other side sought to extend the monopoly of an expired utility patent by claiming trade dress rights in a technical product feature. Drawing upon experience handling both complex patent and trademark matters, her team successfully argued that the intersection of patent and trademark policy prevented the other side from continuing its monopoly, clearing the way for her client to enter the market. With Diana at their side, companies can rest assured that their essential assets are protected, from their company name, logo, and website, to their core technologies.
While at Orrick, Diana was seconded to the City and County of San Francisco, where she had the privilege to serve as an Assistant District Attorney, and first-chair several trials. She was also seconded to Salesforce, where she learned first-hand that the law comprises just one component of a company’s overall business strategy.
Diana is also passionate about her pro bono work. For example, she represented two detainees in Guantanamo in connection with their petitions for a writ of habeas corpus, and she is currently working with the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area. Before joining the firm, Diana worked for the Legal Aid of Cambodia where she assisted with the prosecution of former Khmer Rouge officials and represented individuals who sought to reclaim land rights.
Diana is a member of the International Trademark Association, of ChIPs: Advancing Women in IP and of the Harvard Club of San Francisco.