Diek focuses his practice on intellectual property litigation, representing patent owners and accused infringers in U.S. district court and Patent Trial and Appeal Board litigation. He applies his experience as a senior engineer in the semiconductor industry, director in the IP licensing field, and patent prosecution attorney to litigating complex and high-stakes IP cases.
Diek has experience with a wide array of technologies, some of which have included advanced semiconductors, remote administration functionality, machine vision, data storage and compression, autonomous vehicles, Mobile Device Management (MDM), and firewall technology. Prior to joining the IP Litigation practice, Diek was a member of the firm’s Patent Group, drafting and prosecuting U.S. and non-U.S. patent applications involving technology fields such as semiconductor devices and fabrication, integrated circuits, MEMS, computer networks, wireless communications, software, and medical devices. He also represents requesters and patent owners in post-grant review proceedings and has advised many clients with respect to reexaminations and inter partes reviews, ranging from drafting petitions to oral arguments before the Patent Trial and Appeal Board.
Diek was with the firm from 2008 to 2012, first as a law clerk (2008-2010) and then an associate (2010-2012). Prior to rejoining the firm in 2014, Diek was Director of IP Asset Development at an IP business consulting firm. While there, he responded to technical and legal arguments in licensing negotiations, drafted claims charts, analyzed portfolios for acquisition, and managed outside counsel in matters before the USPTO.
Diek earned his J.D. from Santa Clara University School of Law in May 2010. While in law school, he was awarded an IP Fellowship and was an associate on the Santa Clara Computer & High Technology Law Journal.
Prior to attending law school, he worked at a semiconductor foundry as a senior engineer, engaged in a wide range of activities, including e-test, failure analysis, product test and support, process integration, new product manufacturing, and MEMS research and development. Diek earned his B.S. in electrical engineering and computer science and his M.S. in electrical engineering from Vanderbilt University.
Diek is admitted to practice in the states of Colorado and California.Show More
(Northern District of California). Represented defendants in multi-patent case relating to semiconductor fabrication technology.
(Eastern District of Texas). Defended NetApp against patent infringement claims relating to data compression and deduplication functionality.
(Northern District of California). Defended AirWatch against assertions of four patents by a competitor. The case settled after expert discovery.
(Central District of California). Represented Yuneec in patent infringement action filed by DJI.
(District of Delaware). Defended NetApp against patent infringement claims related to Redundant Array of Inexpensive Disks (RAID) technology.
(Northern District of California). Represented Altera in a declaratory judgment action regarding patent infringement claims against a wide range of technologies in the company’s field-programmable gate arrays (FPGAs).
(Northern District of California). Member of team that successfully tried a high–profile smartphone case leading to a jury verdict of over $1 billion.
(District of Delaware). Represented Immersion in patent litigation involving haptics technology in mobile devices. A portion of the case settled on favorable terms in the trial court, and the remaining portion of the case was resolved in Immersion's favor on appeal to the Federal Circuit.