Deanna R. Kunze

What do you focus on?

I litigate large-scale, multi-party actions as well as narrow disputes. My courtroom experience spans state and federal courts, as well as jury and bench trials. I particularly enjoy and specialize in rescuing “distressed cases.”

Women’s Health Care & Medical Devices

I have a passion for protecting the intellectual property that protects advancements in women’s health care. From OTC to surgical tools, I help doctors, scientists, and business individuals who work diligently to improve the health—and lives—of women around the globe. Protecting their intellectual property allows them to move their inventions through the development pipeline into real-world application and use.

Technical Litigation—Patent, Trade Secret & Copyright

I represent clients in actions involving a variety of industries and technologies, including medical devices, software, navigation equipment, consumer products, financial equipment, and audio systems. I focus on developing strategies to meet my clients’ goals and match their business culture, which can adapt as the litigation advances.

Brand Protection

I assist businesses in protecting well-established brands as well as growing businesses and product lines in the food, beverage, alcohol, and agribusiness industries. From producers to distributors to retailers, my broad experience helps me counsel clients on how to best integrate and protect their intellectual property through multi-tiered strategies. I am particularly skilled with advising clients on holistic intellectual property management and protection strategies and policies.

What do you see on the horizon?

In the last several years, interest has spiked in research focused on women’s health, particularly within government agencies such as the FDA and NIH. In fact, the NIH recently completed its largest women’s health prevention study ever—a 15-year study of over 160,000 women. Increased research activity typically matures into increased invention—and the intellectual property that defines those inventions. In the next decade, I believe women’s health care will be at the forefront of medical advancement.

Publications & Presentations

• “Linguistic regulation doesn’t include an expectation of complete freedom” (co-author), Nixon Peabody Intellectual Property Alert, June 28, 2019
• “IP issue spotting: Preserving rights and enforcement options” Nixon Peabody’s Annual CLE Program, Chicago, IL, June 6, 2019
• “A Sea Change in Foreign Lost Profits for Patent Infringement,” Terrlex.org, December 11, 2018, and Nixon Peabody Intellectual Property Alert, June 24, 2018
• WEGG 2018 Small Business Roundtable, Chicago, IL October, 2018
• The Modern IP Lawyer: A Boot Camp for Success in 2017, Chicago, IL, June 8, 2017
• “Federal Circuit appears set to maintain patent forum shopping,” Intellectual Property Alert, March 14, 2016
• “Based on defendant parent company's ‘control,’ NY’s highest court orders new trial on sanctions for spoliation for destroyed ESI,” Electronic Discovery & Digital Evidence Alert , December 17, 2015
• Intellectual Property Lawyers Association of Chicago (IPLAC), Chicago, IL, February 19, 2015 (Panelist)
• “Protecting Intellectual Property in the Global Marketplace,” Chapter 21 of Intellectual Property Law, 2013 edition, published by the Illinois Institute for Continuing Legal Education, February 2013. (co-author)

Representative Experience

• Advise clients in the health care and medical device fields on intellectual property protection strategies and policies
• Represent clients in responding to subpoenas and managing document production
• Advise beverage alcohol companies regarding consumer protection, brand management, vendor and distribution management, state and federal shipping and regulatory requirements, and intellectual property protection
• Represented video gaming company in favorable settlement of multi-claim suit with competitors
• Advise companies on software licensing and other intellectual property agreements
• Represented several large corporations accused of infringing patents related to e-commerce in the Eastern District of Texas that were resolved through settlements or dismissals
• Represented foreign corporation accused of patent infringement in temporary restraining order and preliminary injunction proceedings in the District of Nevada
• Obtained a favorable settlement for a fleet management company in a patent infringement action in the Northern District of Georgia
• Represented energy consolidator in obtaining favorable settlement against accusations of consumer fraud before Illinois Commerce Commission
• Advised industrial manufacturers on intellectual property protection strategies
• Represented Fortune 500 telecommunications corporation in the Northern District of Illinois in a multi-party, multi-claim action regarding wireless communications software patents and trade secrets
• Led trial team to jury verdict for plaintiff in a misappropriation of trade secrets matter in the Circuit Court of Cook County regarding scientific glassware and obtained a permanent injunction that was limitless in time against defendants
• Member of a trial team that obtained a jury verdict for plaintiff on all claims in a patent infringement suit in the District of Massachusetts involving medical devices in the women’s health industry
• Represented Fortune 500 utilities corporation in the Central District of California in a multi-district litigation matter regarding call processing software patents
• Represented wireless infrastructure and equipment leader in the District of Delaware in a patent litigation matter regarding wireless location software
• Obtained favorable summary judgment ruling and large attorney’s fees award for roll-your-own tobacco and rolling paper manufacturer in the Northern District of Illinois in a trademark litigation matter involving both its logos and trade dress
• Represented financial payment processing solution provider in the Eastern District of Texas in patent litigation matter regarding electronic check processing methods and systems patents