Hutnyan, Diane C.

Diane C. Hutnyan

Partner

  Biography

Diane Cafferata Hutnyan is a partner in the firm's Los Angeles office.  Ms. Hutnyan conducts an active trial practice, representing clients in high-stakes intellectual property, structured finance and other complex commercial litigations in federal and state courts.

Ms. Hutnyan’s ability to explain complicated technologies and other complex issues in a way that makes them accessible and understandable to judges and juries has permitted her to secure swift and decisive victories for her clients at trial and in motion practice.  It has also given her clients a significant advantage at the settlement table.  Ms. Hutnyan’s focus is always on obtaining the best and quickest results for her clients.

Ms. Hutnyan has been repeatedly recognized as one of Southern California's Super Lawyers by Los Angeles Magazine. Although many of her representations are on behalf of defendants, she has also been recognized repeatedly as a Benchmark Plaintiffs "Local Litigation Star" for California by Euromoney. Recently, Ms. Hutnyan was selected as one of the Benchmark Plaintiff Top 150 Women In Litigation for 2014.

  Representative Clients

  • Abbott Laboratories
  • Aradigm
  • IBM
  • Lehman Brothers Holdings (Official Creditors Committee)
  • Lockheed Martin
  • Mattel
  • Micron
  • Northrop Grumman
  • Samsung
  • Satyam Computer Services, Ltd.
  • Space Systems/Loral

  Notable Representations

  • Represents the Official Creditors Committee of Lehman Brothers Holdings, Inc. in a multibillion-dollar lawsuit against JPMorgan Chase & Co. pending in the United States Bankruptcy Court for the Southern District of New York arising from the early termination of 75,000 derivative trades.
  • Represents the Official Creditors Committee of Lehman Brothers Holdings, Inc. in a multibillion-dollar lawsuit against Citibank, N.A. arising from the early termination of nearly 30,000 derivative trades.
  • Represents CIFG Assurance North America in litigation against Bank of America, arising out of fraudulent misrepresentations and breaches of contract in connection with financial guaranty insurance on RMBS.
  • Represented Samsung in federal litigation and ITC proceedings against Apple involving smartphone and tablet computer technology.  Reported decisions include Apple Inc. v. Samsung Electronics Co., Ltd., 2012 WL 5451411 (N.D. Cal. 2012); -- F.Supp.2d --, 2012 WL 3627731 (N.D. Cal. 2012); 2012 WL 1232267 (N.D. Cal. 2012).
  • In patent suit against telecommunications providers involving prepaid wireless technology, won judgment of $128 million, along with additional award of $35 million in interest and royalties and entry of permanent injunction. Reported decisions include: Freedom Wireless v. Boston Communications Group, Inc., 390 F. Supp. 2d 63 (D. Mass. 2005); 369 F. Supp. 2d 159 (D. Mass. 2005); 369 F. Supp. 2d 155 (D. Mass. 2005); 220 F. Supp. 2d 16 (D. Mass. 2002). The verdict was the largest ever awarded in Massachusetts, and was the eighth biggest verdict awarded in the U.S. that year.
  • Led a patent enforcement action brought by Northrop Grumman against seven corporate defendants that resulted in licenses amounting to a total of 9 figures.  Reported decisions include: The Board of Trustees of the Leland Stanford Junior University et al. v. Tyco International Ltd. et al., 253 F.R.D. 528 (C.D. Cal. 2008); 253 F.R.D. 524 (C.D. Cal. 2008).
  • Responsible for decertification of a class and dismissal of class action against Mattel in class action capitol Madison County, Illinois.
  • Obtained a favorable trial verdict in Delaware Chancery Court for Nuance Communications in a licensing dispute with a technology vendor.
  • Defeated, after bench trial, omitted inventorship claim in suit involving prepaid wireless telephone technology.  Reported decisions include:  Frugoli (Verizon) v. Fougnies, 74 U.S.P.Q.2d 1716 (D. Ariz. 2004).
  • Obtained summary judgment for Aradigm Corporation on claims for trade secret misappropriation, conversion, estoppel, breach of contract and breach of fiduciary duty in trade secret misappropriation/patent joint inventorship action.

  Practice Areas

  • Copyright Litigation
  • Intellectual Property Litigation
  • Lender Liability & Other Banking Financial Institution Litigation
  • Litigation Representing Plaintiffs
  • Structured Finance & Derivatives Litigation
  • Trade Secret Litigation
  • Transnational Litigation
  • Patent Litigation

  Education

  • Stanford Law School and Stanford Graduate School of Business
    (J.D., M.B.A., 1997)
    • Fellow, Stanford Center on Conflict and Negotiation, 1997
    • President, JD/MBA Association, 1996-1997

  • The George Washington University
    (M.A., Russian and East European Studies, 1991)

  • Plekhanov Institute of Economics, Moscow, USSR
    (Diploma, 1988)

  • Indiana University
    (B.A., Russian Languages and Literatures; Certificate, Russian and East European Institute, 1987)

  Admissions

The State Bar of California; California Supreme Court; United States Court of Appeals: Ninth Circuit; United States District Courts: Northern District of California, Eastern District of California, Central District of California, Southern District of California

  Languages

  • Russian

  Prior Associations

  • Cooley Godward LLP:
    • Associate, 1997-1999

  • Research Assistant to Professor Constance Bagley, J.D.:
    • Stanford Graduate School of Business, 1995
      • (work on her book, The Entrepreneur's Guide to Business Law, West Publishing, 1998)

  Awards

  • Named one of Benchmark Plaintiff Top 150 Women in Litigation, 2014
  • Benchmark Plaintiff Local Litigation Star for California, 2013, 2014
  • Named as Stanford Associate for outstanding volunteer service, 2013
  • Southern California Super Lawyer, 2012, 2013, 2014

Publications and Lectures

  • Ways to Avoid Liability Under Section 17200 (California's Unfair Competition Law), 2005

Professional Activities

  • Member, Association of Business Trial Lawyers, 2014- present
  • Member, Los Angeles Intellectual Property Law Association, 2011-present
    • LAIPLA Ambassador, 2014
    • Committee Chairman, 2011
  • Member, Board of Visitors, Stanford Law School, 2006-2011
  • Member, Board of Directors, Foundation of the State Bar of California, 2006-2009
  • Co-Chairman, Stanford Law Society of Los Angeles, 2006-2008
  • Co-Chairman, Stanford Law Society of Silicon Valley, 2000-2001
  • Member, Los Angeles Bar Association