Diane L. Simerson
Experience
- Trial counsel and counsel for numerous corporations in patent and complex commercial disputes.
- Experienced in trials in the United States District Courts, Federal Trade Commission and International Trade Commission; appeals to the Court of Appeals for the Federal Circuit; and motions and petitions at the United States Supreme Court.
- Member of the firm's Hiring Committee and Pro Bono Committee.
- Faculty for the firm's Exceptional Advocate professional development programs.
Outside Experience
- Pro bono work in the areas of child protection and child custody.
Selected Results*
Represented Unocal Corp. and Union Oil Company of California in complex patent and antitrust litigation related to Unocal's patents for reformulated gasoline from 1996-2005.
- Represented Unocal in patent infringement suit against Atlantic Richfield Company (ARCO), Chevron, Exxon, Mobil, Shell and Texaco in the United States District Court for the Central District of California. The jury returned a verdict for Unocal in the amount of 5.75 cents per gallon of infringing gasoline; the court entered judgment for $91 million, which included interest and some attorneys' fees. The Federal Circuit affirmed and the Supreme Court denied certiorari.
- Defended Unocal Corp. in a suit for patent infringement and on claim for "interfering patents" brought by Talbert Fuel Systems Patents Company. Unocal prevailed on all issues at the district court through summary judgment and dismissals; the Federal Circuit Court of Appeals affirmed.
- Represented Union Oil Company of California in a Federal Trade Commission action involving patent and antitrust issues. The case settled upon Chevron Corporation's acquisition of Unocal in 2005.
Represented Premier Retail Networks, Inc. on appeal of patent infringement suit with Advanced Communications Design, Inc., where default judgment had been entered against PRN and an injunction entered. Obtained reversal of default judgment and majority of injunctive relief on appeal to the Federal Circuit. The case settled on a confidential basis shortly after the Supreme Court denied certiorari.
Trial counsel for robotics company to defend claim for inequitable conduct at the International Trade Commission. Judgment of no inequitable conduct was entered for our client. The case was later settled on a confidential basis.
Defended robotics company in a patent infringement suit in U.S. District Court involving robotics technology associated with paint-spraying devices. The case was settled on a confidential basis before trial.
Defended ev3, Inc. in an action brought by Boston Scientific Corporation and Boston Scientific Scimed, Inc. for misappropriation of trade secrets and infringement of patents related to medical devices known as embolic protection filters. Claim for misappropriation of trade secrets was dismissed; the patent case was settled before trial on a confidential basis.
Defended Advanced Micro Devices, Inc. and ATI Technologies, Inc. in an action by Silicon Graphics, Inc. for infringement of patents related to computer graphics. Summary judgment and judgment of non-infringement were entered.
Recognition
- Pro Bono Award, Robins, Kaplan, Miller & Ciresi L.L.P. (2000)
- Named a "Rising Star" by Minnesota Law & Politics (2000)**
Memberships
- American Intellectual Property Law Association
- Minnesota Intellectual Property Law Association
- American Bar Association
- Minnesota State Bar Association
Civic Associations
- Children's Law Center of Minnesota, Volunteer Attorney
- Legal Aid Society of Minneapolis, Youth Law Project
- Chrysalis, member of the Board's development committee
Bar Admissions
- Minnesota
- U.S. Court of Appeals, Federal Circuit
- U.S. District Court, Eastern District of Michigan
- U.S. District Court, Eastern District of Texas
- U.S. District Court, Minnesota
- U.S. Supreme Court
Education
Selected Speeches
Basic Intellectual Property Litigation: Putting Your Money Where Your Mouth Is
Minnesota State Bar Association Continuing Legal Education (2000)
Handling Intellectual Property Issues in Business Transactions - Due Diligence in Intellectual Property Transactions
Practicing Law Institute (2002) (with Ronald J. Schutz)