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Diane L. Peterson

Of Counsel

Diane 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. She 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, Diane was a partner with an AmLaw 100 firm. 

Diane 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. Her work as trial counsel in back-to-back patent trials for her client Arctic Cat in 2016 and 2017 -- winning jury verdicts in both cases -- earned her a place among Minnesota Lawyer's 2018 Attorneys of the Year as part of Arctic Cat's winning team.

Speaking Engagements
  • “Talking Turf: Trends, Traps, and Strategic Considerations Relating to Patent Venue,” Minnesota, March 2017 (CLE Presenter)

  • Trial counsel representing Arctic Cat in Bombardier Recreational Products v. Arctic Cat (D. Minnesota). Bombardier alleged that numerous model years of Arctic Cat’s snowmobiles infringed two different Bombardier patents. After a three week trial, the jury returned a verdict in Arctic Cat’s favor finding both Bombardier patents invalid on multiple grounds.
  • Trial counsel representing Arctic Cat in Arctic Cat v. Bombardier Recreational Products and BRP U.S. Inc. (S.D. Florida). Following a three-week trial in Miami, a jury found that BRP willfully infringed two Arctic Cat patents related to controlled-thrust steering technology for personal watercraft (PWC). The Court trebled damages based upon BRP’s willful infringement, resulting in damages in excess of $48 million awarded to Arctic Cat.
  • 10 years 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.
  • 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.

  • The Best Lawyers in America®, Litigation – Patent, 2024
  • Minnesota Lawyer, "Arctic Cat's Winning Team" Attorney of the Year, 2018