Diana Rutowski

Diana Rutowski

Orrick, Herrington & Sutcliffe LLP

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Latest Publications


Don’t Bury the Lede: Failure to Explicitly List Prior Art Witnesses Can Preclude Them from Testifying

Order Striking Witnesses from Supplemental Initial Disclosures, Finjan, Inc. v. Proofpoint, Inc. et al., Case No. 3:13-cv-05808-HSG (HRL) (Magistrate Judge Howard Lloyd) - How much disclosure is sufficient when you want...more

11/13/2015 - Patent Infringement Patent Litigation Patents Prior Art Supplemental Disclosures

Producing 500,000 Pages of Documents and Source Code Found to be Good Cause For Leave to Amend Infringement Contentions

Order Granting Motion For Leave To Amend Infringement Contentions, Delphix Corp. v. Actifio, Inc., Case No: 13-CV-04613 BLF-HRL(Judge Howard R. Lloyd) - The NorCal IP Blog has reported on multiple decisions granting or...more

10/19/2015 - Motion for Leave Motion to Amend Patent Infringement Patent Litigation Patents Technology Sector

What a Difference a Few Letters Make – Judge Donato Strikes Patent Claim over Ambiguous Typo, While Sparing Another Through Claim...

Order Re: Claim Construction and Invalidity, Altera Corp. v. PACT XPP Tech., AG, Case No. 14-cv-02868-JD (Judge James Donato) - When filing a patent application, make sure to cross your t’s and dot your i’s—and also...more

8/31/2015 - Claim Construction DirecTV MPEP Patent Applications Patent Infringement Patent Litigation Patents Summary Judgment USPTO

Don’t Get Personal

Xilinx, Inc. v. Papst Licensing GMBH & Co. KG (Judge Lucy Koh) (July 9, 2015) - The Supreme Court’s 2014 ruling in Daimler v. Bauman raised the bar to establish personal jurisdiction over a defendant. Daimler has made it...more

7/23/2015 - Cease and Desist DaimlerChrysler v Bauman Declaratory Judgments Enforcement Foreign Corporations Forum Selection Patent Infringement Patent Litigation Patents Personal Jurisdiction Principal Place of Business Purchase Agreement SCOTUS

The Fact That an Argument Is a Loser Is Not Enough to Make It Stand Out in a Crowd

Order Denying Defendant’s Motions for Sanctions and Attorney Fees, Kreative Power, LLC, v. Monoprice, Inc., Case No. 14-cv-02991-SI (Judge Susan Illston) - Little more than a year has passed since the Supreme Court...more

5/13/2015 - Attorney's Fees Claim Construction Estoppel Highmark Intellectual Property Litigation Inventions Motion for Sanctions Octane Fitness v. ICON Patent Infringement Popular Rule 11 SCOTUS The Copyright Act

Shifting Claim Constructions Does Not Make For “Watertight” Claims

Order on Claim Construction and Partial Summary Judgment, Aquatic AV, Inc. v. Magnadyne Corp. et al., Case No. C 14-01931 (Judge William Alsup) - A patent plaintiff typically hates getting boxed into a specific meaning...more

3/16/2015 - Claim Construction Electronics Indefiniteness Intellectual Property Litigation Mobile Devices Patent Litigation Patents

President Obama, Judge Rader, and Patent Trolls

President Obama and the Chief Judge of the Federal Circuit struck a one-two punch in the fight against patent trolls this week....more

6/8/2013 - Barack Obama Frivolous Lawsuits ITC Non-Practicing Entities Patent Assertion Entities Patent Reform Patent Trolls Patents Real Party in Interest USPTO

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