Diana B. Kruze

Diana B. Kruze

Partner

San Francisco, (415) 268-6507

Education

New York University (B.A., 2001)
University of California, Hastings College of the Law (J.D., 2006)

Bar Admissions

California

Clerkships

Hon. James Ware, U.S. District Court, N.D. California (2010-2011)

Diana Barrett Kruze is a partner in the Intellectual Property Group, focusing on patent, trade secret, and copyright litigation. Ms. Kruze also has extensive experience with IP counseling for start-ups, licensing, and patent post-grant review procedures. She represents clients in a wide range of technical disciplines including software, medical devices, nanotechnology, smartphones, user interfaces, satellite systems, and semiconductor processing and packaging.

Ms. Kruze has questioned witnesses and experts at trial; helped negotiate multimillion-dollar settlements; helped to develop an international IP enforcement strategy for a Fortune 500 company involving lawsuits in Germany, China, Japan and the U.S.; written multiple successful motions for summary judgments in complex IP matters; and supervised a team of approximately 100 attorneys conducting a review of more than a million documents in a two-week timeframe.

In addition to her intellectual property work, Ms. Kruze is also part of the firm’s extensive pro bono practice, focusing on LGBT rights. In February 2014, she was recognized in a front page article of the San Francisco Chronicle for her work in helping to reunite a Cameroonian gay rights activist with her 10-month-old baby and partner. Ms. Kruze also wrote portions of an amicus brief to the California Supreme Court brief challenging the legality of Proposition 8 and she frequently represents victims of domestic violence in securing restraining orders.

In 2016, Ms. Kruze was selected as one of the Top 40 Attorneys Under 40 by the Daily Journal.  Also in 2016, Ms. Kruze was awarded the A. Leon Higginbotham Fellowship by the American Arbitration Association, and was elected as a fellow of the American Bar Foundation. In 2013, she received the Barrister of the Year Award from the Bar Association of San Francisco. Super Lawyers has named Ms. Kruze to its Rising Stars list for Northern California 2013 – 2016. Ms. Kruze currently serves as a board member on the California State Bar’s appellate Review Committee of the Judicial Nominees Evaluation Commission, as well as the Barristers Board of Directors of the Bar Association of San Francisco.

Ms. Kruze clerked for Judge James Ware and externed for Judge Saundra Armstrong, both of the Northern District of California. Ms. Kruze graduated from University of California, Hastings College of the Law and was elected to the Order of the Coif. While at Hastings, she was senior symposium editor for the Hastings Law Journal.

Phaedrus v. Kaiser Permanente
(California State Court, Alameda County). Represented five Kaiser defendants in misappropriation, breach of contract, and unjust enrichment claims brought by a medical imaging software company. Won summary adjudication dismissing plaintiff’s contract and misappropriation claims, and won trial on remaining claims which resulted in a complete defense jury verdict.
Northpoint v. DirecTV, et al.
(Western District of Texas). Represented DISH and EchoStar in case involving alleged infringement of a patent directed to the processing and encryption of satellite signals. Wrote successful motion of summary judgment of invalidity that resulted in dismissal of the case.
Autodesk v. Assimilate
(Northern District of California). Represented Autodesk in a suit against a software company for copyright infringement, which resulted in favorable settlement, including public acknowledgment that the defendant had copied Autodesk’s code and design elements and a public apology for same.
Network-1 Security Solutions, Inc. v. Alcatel-Lucent, Inc.
(Eastern District of Texas). Represented Huawei in multi-defendant, consolidated case involving standards essential patent covering Power over Ethernet (PoE) and Quality of Service (QoS) solutions for delivery of audio, video and data over Ethernet networks. Obtained stay of case pending outcome of an inter partes review of patent.
Elan Pharma International Limited v. Abraxis BioScience
(District of Delaware). Represented Abraxis BioScience in defending its lead product, Abraxane, against claims by Elan Pharmaceuticals of infringing Elan’s patents for coated nanoparticles used to deliver paclitaxel for the treatment of metastatic breast cancer. This was the first nanotechnology patent case taken to jury trial. The case settled in 2011.
Aloft Media, LLC v. Microsoft Corp. et al.
(Eastern District of Texas). Represented Yahoo! in a patent infringement lawsuit involving browser and bookmarking technology. Shortly after oral argument on the summary judgment motions, the parties settled the case.
Vernor v. Autodesk
(Western District of Washington; Ninth Circuit). Represented Autodesk in case regarding software licensing and the first-sale doctrine under copyright law. Morrison & Foerster was brought in to defend Autodesk after motion to dismiss was denied. On appeal, the Ninth Circuit reversed the district court and held that the first-sale doctrine does not apply to licensed software.
Phaedrus v. Kaiser Permanente
(California State Court, Alameda County). Represented five Kaiser defendants in misappropriation, breach of contract, and unjust enrichment claims brought by a medical imaging software company. Won summary adjudication dismissing plaintiff’s contract and misappropriation claims, and won trial on remaining claims which resulted in a complete defense jury verdict.
Northpoint v. DirecTV, et al.
(Western District of Texas). Represented DISH and EchoStar in case involving alleged infringement of a patent directed to the processing and encryption of satellite signals. Wrote successful motion of summary judgment of invalidity that resulted in dismissal of the case.
Autodesk v. Assimilate
(Northern District of California). Represented Autodesk in a suit against a software company for copyright infringement, which resulted in favorable settlement, including public acknowledgment that the defendant had copied Autodesk’s code and design elements and a public apology for same.
Network-1 Security Solutions, Inc. v. Alcatel-Lucent, Inc.
(Eastern District of Texas). Represented Huawei in multi-defendant, consolidated case involving standards essential patent covering Power over Ethernet (PoE) and Quality of Service (QoS) solutions for delivery of audio, video and data over Ethernet networks. Obtained stay of case pending outcome of an inter partes review of patent.
Elan Pharma International Limited v. Abraxis BioScience
(District of Delaware). Represented Abraxis BioScience in defending its lead product, Abraxane, against claims by Elan Pharmaceuticals of infringing Elan’s patents for coated nanoparticles used to deliver paclitaxel for the treatment of metastatic breast cancer. This was the first nanotechnology patent case taken to jury trial. The case settled in 2011.
Aloft Media, LLC v. Microsoft Corp. et al.
(Eastern District of Texas). Represented Yahoo! in a patent infringement lawsuit involving browser and bookmarking technology. Shortly after oral argument on the summary judgment motions, the parties settled the case.
Vernor v. Autodesk
(Western District of Washington; Ninth Circuit). Represented Autodesk in case regarding software licensing and the first-sale doctrine under copyright law. Morrison & Foerster was brought in to defend Autodesk after motion to dismiss was denied. On appeal, the Ninth Circuit reversed the district court and held that the first-sale doctrine does not apply to licensed software.

The Daily Journal named Diana Kruze to its list of “Top 40 Under 40” lawyers in California for 2016. She was also recognized as a 2016 Fellow of the American Bar Foundation. The Fellows is an honorary organization of attorneys, judges, law faculty, and legal scholars whose public and private careers have demonstrated outstanding dedication to the welfare of their communities and to the highest principles of the legal profession. Super Lawyers has named Ms. Kruze to its Rising Stars list for Northern California 2013 – 2016. Ms. Kruze received the 2013 Outstanding Barrister Award from the Bar Association of San Francisco (BASF) for her extraordinary contribution to the ideals of legal justice and professional excellence. 

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