Diane L. Peterson

(612) 334-5016
Of Counsel
(612) 334-5050 Fax
Diane.Peterson@KutakRock.com

Ms. Peterson, of counsel in the firm's Minneapolis office, is a seasoned civil litigator with more than 15 years’ experience in patent litigation and other complex litigation matters, including cases in antitrust, trade secret, fraud, false advertising, and unfair competition. Ms. Peterson brings energy, practicality and a great sense of dedication to her work; she advocates passionately for her clients and happily becomes an integrated part of the client’s legal team. Before joining Kutak Rock, Ms. Peterson was a partner with an AmLaw 100 firm.

Ms. Peterson has represented her clients in various federal and state district courts around the country, the Federal Circuit Court of Appeals, the U.S. Supreme Court, the Federal Trade Commission, and the International Trade Commission. She spent 10 years of her career representing Union Oil Company of California and Unocal Corp. in high-stakes patent and antitrust litigation against the “Big Six” U.S. oil companies and the Federal Trade Commission. Other representative work includes:

  • Representing Arctic Cat in Arctic Cat v. Bombardier Recreational Products (D. Minn.), where Arctic Cat asserted that Bombardier (BRP) infringed four patents relating to engine control technologies. A jury found that BRP willfully infringed, qualifying the verdict for treble damages, an amount up to three times the original award. The final verdict was a nearly $46.7 million judgment against BRP.
  • Representing plaintiff snowmobile manufacturer in ITC patent litigation involving technology for exhaust temperature-controlled ignition timing and fuel injection.
  • Representing a medical device company as both plaintiff and defendant on patent infringement and trade secret claims related to embolic protection filters; driving a settlement of all claims.
  • Representing a robotics company as plaintiff and defendant in separate patent infringement matters with its competitor, resulting in the settlement of all claims.
  • Obtaining summary judgment for a Fortune 500 computer technologies company in defense of a patent infringement matter related to computer graphics.
  • Defending a Fortune 500 retailer in a class action (post-certification) for false advertising and deceptive trade practices.
  • Representing a patent holder in a patent infringement case related to silicone hydrogel contact lenses.
  • Representing the plaintiff in a fraud action arising from the purchase of residential mortgage-backed securities.
  • Obtaining a reversal of default judgment for a computer systems company on appeal to the Federal Circuit; driving the settlement of all claims.

Ms. Peterson has experience with standards-setting issues and has achieved dismissal of a unique “interfering patents” claim without discovery. Through a sabbatical from litigation in recent years, Ms. Peterson also acquired experience in independent film production and entertainment law.

Throughout her years in practice, Ms. Peterson has maintained a commitment to serve the community through pro bono work and on the boards of non-profit organizations – particularly in the area of child protection. She has represented adoptive parents, guardians ad litem, and children in contested adoptions and matters of abuse/neglect; she has served in various capacities for the Children’s Law Center of Minnesota including Board member (2009-2014), Vice President (2013), Development Committee Chair (2011-2013), and Volunteer Attorney (1998-present).

Publications

"Handling Intellectual Property Issues in Business Transactions - Due Diligence in Intellectual Property Transactions," Practicing Law Institute (2002) (with Ronald J. Schutz)

Presentations

  • March 23, 2017. “Talking Turf: Trends, Traps, and Strategic Considerations Relating to Patent Venue.” Ms. Peterson presented a CLE discussion patent-litigation venue, the Supreme Court’s TC Heartland case, and strategy concerns relating to venue choices for patent cases. (Minnesota CLE)
  • Patent Infringement Litigation, Patent Resources Group, Naples, Florida (April 14-16, 2011)
  • "Basic Intellectual Property Litigation: Putting Your Money Where Your Mouth Is," Minnesota State Bar Association Continuing Legal Education (2000)