Diana B. Kruze

Partner at Morrison & Foerster LLP

Diana B. Kruze

Diana B. Kruze

Partner at Morrison & Foerster LLP

Biography

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; negotiated multimillion-dollar settlements and technology licenses; developed 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 judgment in complex IP matters; saved clients hundreds of thousands of dollars in e-discovery costs; 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 helping to reunite a Cameroonian gay rights activist with her partner and their 10-month-old baby. 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.

Ms. Kruze was selected as one of the “Best LGBT Lawyers Under 40” in 2017 by the LGBT Bar Association. 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 for the past five years in a row.

Ms. Kruze is an adjunct professor at the University of California, Hastings College of the Law. She 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. She is also the fundraising co-chair of the Lawyers’ Committee for Civil Rights, a pro tem judge in San Francisco Superior Court, and an executive member of the BASF’s Intellectual Property Section. In 2017, Ms. Kruze was appointed by the Mayor of San Francisco to serve on the Citizen’s Committee on Community Development, which is the advisory body charged with public oversight of approximately $30 million in HUD-based annual funding allocations and policy matters directly related to community development efforts for all of San Francisco.

Ms. Kruze clerked for Judge James Ware and externed for Judge Saundra Armstrong, both of the Northern District of California. She graduated from University of California, Hastings College of the Law in the top 5% of her class, and was elected to the Order of the Coif. While at Hastings, she was senior symposium editor for the Hastings Law Journal.

Phoenix Technologies Ltd. v. VMware Inc.

(Northern District of California). Represented VMware in a copyright and breach of contract case involving license agreement for BIOS software. Won summary judgment on breach of contract claim.

PMC v. DISH et. al.

(Eastern District of Texas). Represented DISH and EchoStar in a patent litigation involving encryption of satellite signals. Case settled on favorable terms after plaintiff was unable to exclude certain evidence in pre-trial motions.

Autodesk v. ZWSOFT

(Northern District of California; the Hague). Represented Autodesk in a copyright and trade secret misappropriation case involving the company’s flagship product, resulting in a favorable settlement, including public acknowledgment of wrongdoing from the defendant.

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.

Smartphone Litigation

(Northern District of California). Member of the team that successfully tried a high-profile smartphone case leading to a jury verdict of more than $1 billion.

Northpoint v. DirecTV, et al.

(Western District of Texas). Represented DISH and EchoStar in a 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 apology.

Network-1 Security Solutions, Inc. v. Alcatel-Lucent, Inc.

(Eastern District of Texas). Represented Huawei in a 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 seminal 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.

Overview
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2950

Number of Boards

2

Number of Awards

1

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Partner at Morrison & Foerster LLP

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Treasurer & Director at Law Foundation of Silicon Valley

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Partner at Morrison & Foerster LLP

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Partner at Morrison & Foerster LLP

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General Counsel at Morrison & Foerster LLP

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Managing Partner, Singapore at Morrison & Foerster LLP

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Managing Partner at Morrison & Foerster LLP

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Chair & Chief Executive Partner at Morrison & Foerster LLP

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Managing Partner, Europe at Morrison & Foerster LLP

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Co-Chair, Global Corporate Department at Morrison & Foerster LLP

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Diana B. Kruze
Partner at Morrison & Foerster LLP
Education
JD, Order of the Coif
Class of 2006

The University of California's Hastings College of the Law (UC Hastings or Hastings) is a top tier public law school in San Francisco, California, located in the Civic Center neighborhood. Founded in 1878 by Serranus Clinton Hastings, the first Chief Justice of California, it was the first law school of the University of California and was one of the first law schools established in the Western United States. It is the oldest law school on the West Coast. It is also one of the few university-affiliated law schools in the United States that does not share its campus with undergraduates or other graduate programs.

BA
Class of 2001

Founded in 1831, New York University is now one of the largest private universities in the United States. Of the more than 3,000 colleges and universities in America, New York University is one of only 60 member institutions of the distinguished Association of American Universities. From a student body of 158 during NYU's very first semester, enrollment has grown to more than 40,000 students attending 18 schools and colleges at five major centers in Manhattan and in sites in Africa, Asia, Europe, and South America. Today, students come from every state in the union and from 133 foreign countries. The faculty, which initially consisted of fourteen professors and lecturers (among them artist and inventor Samuel F. B. Morse), now totals over 3,100 full-time members whose research and teaching encompasses the humanities, the sciences, and the social sciences; the law; medicine; business; education; the fine arts, studio art, and the performing and cinematic arts; music; social work; public administration; the ancient world; and continuing and professional studies. With more than 2,500 courses offered, the University awards more than 25 different degrees. Although overall the University is large, the individuals schools and colleges are small- to moderate-sized units—each with its own traditions, programs, and faculty – and there are many communities to be found within the NYU community based on interests, activities, and shared experiences. The center of NYU is its Washington Square campus in the heart of Greenwich Village. One of the city's most creative and energetic communities, the Village is a historic neighborhood that has attracted generations of writers, musicians, artists, and intellectuals. NYU, in keeping with its founder’s vision, is “in and of the city”: the University – which has no walls and no gates – is deeply intertwined with New York City, drawing inspiration from its vitality. In addition to its Manhattan locations, the University is also formally affiliated the Polytechnic Institute of NYU in Brooklyn, the second oldest school of engineering and technology in the country, and has research facilities, notably the Nelson Institute of Environmental Medicine, in Sterling Forest, near Tuxedo, New York. And NYU has established itself as the first global network university, with a comprehensive liberal arts campus in Abu Dhabi – the first to be operated abroad by a major U.S. research university – and other sites for study and research in Accra, Ghana; Berlin, Germany; Buenos Aires, Argentina; Florence, Italy; London, England; Madrid, Spain; Paris, France; Prague, the Czech Republic; Shanghai, China; and Tel Aviv, Israel, among other locations.

Memberships
Member
Current

The Bar Association of San Francisco (BASF) was established in 1872 as a nonprofit legal membership organization that provides San Francisco legal professionals with networking, educational and pro bono opportunities in order to better serve the community. BASF is located in the financial district at 301 Battery Street, between Sacramento and Clay Streets, on the third floor of the Bently Reserve building.Included in the National Register of Historic Places, the Bently Reserve, formerly the Federal Reserve Bank of San Francisco, was built in 1924.

Member
Current

State Bar is currently governed by a 23-member Board of Trustees.State Bar of California is by far the largest state bar in the country. Nearly 179,000 State Bar members actively practice law in California, while the rest retain their licenses as inactive members.State Bar of California is the only state bar in the nation with independent professional judges dedicated to ruling on attorney discipline cases. The independent State Bar Court hears the charges and has the power to recommend that the California Supreme Court suspend or disbar those attorneys found to have committed acts of professional misconduct or convicted of serious crimes. For lesser offenses, it may issue public or private reprovals.

Senior Symposium Editor
Prior
Career History
Partner
Current

Morrison & Foerster is a firm of exceptional credentials. Their name is synonymous with a commitment to client service that informs everything that they do. They are recognized throughout the world as a leader in providing cutting-edge legal advice on matters that are redefining practices and industries.

Adjunct Professor
Prior

The University of California's Hastings College of the Law (UC Hastings or Hastings) is a top tier public law school in San Francisco, California, located in the Civic Center neighborhood. Founded in 1878 by Serranus Clinton Hastings, the first Chief Justice of California, it was the first law school of the University of California and was one of the first law schools established in the Western United States. It is the oldest law school on the West Coast. It is also one of the few university-affiliated law schools in the United States that does not share its campus with undergraduates or other graduate programs.

Awards & Honors
2016
American Bar Foundation - Fellows Award
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