Diane Siegel Danoff concentrates her practice in intellectual property litigation. She has extensive litigation and counseling experience, developed during more than 25 years of practice, with trade secret, non-compete, trademark, patent, copyright, unfair advertising, and invasion of privacy matters. She has litigated cases covering highly sophisticated technologies such as medical devices, a variety of web-based technologies, specialty chemicals, financial services, and lasers, as well as various commercial litigation matters.
Ms. Danoff has been named six times as a leading litigator by Chambers USA, a referral guide to leading lawyers in the United States. Chambers has called her “superb, thorough and decisive” and “recommended for her courtroom skills.” She is also listed in The Best Lawyers in America for Intellectual Property and Patent Litigation.
Ms. Danoff has served as lead counsel in the following cases, among others:
- WebMD Health Corp. v. Anthony Dale. Obtained preliminary injunction for WebMD following four-day evidentiary hearing in non-compete and trade secret case involving former high-level executive.
- Synthes v. Globus Medical, Inc. Represented the plaintiff in a trade secret and Lanham Act case involving medical devices for the spine. Resolved by a $13.5 million payment to our client (and an agreement not to solicit our client’s employees) following a two-week jury trial.
- MetLife Life and Annuity Co. et al. v. Koresko et al. Represented MetLife in business method patent case and separate trade secret action involving a method of funding insurance products. Obtained complete victory before trial court which was affirmed on appeal.
- Levy v. Kellogg Co. and Nintendo of America, Inc. Represented Kellogg Co. and Nintendo in trademark/unfair competition suit involving a Pokémon® promotion on Kellogg’s® cereal boxes. Settled favorably to our clients.
- Anheuser-Busch Companies, Inc. v. Crown Cork and Seal Co., Inc. Defended "Rocket Docket" patent/antitrust suit involving aluminum can lids. Resolved by a Federal Circuit ruling for our client on certain counts and a settlement favorable to our client on the remaining counts.
- Farm Journal v. Tribune Entertainment Co. Represented Tribune Entertainment in non-compete case involving nationally broadcast program. Defeated plaintiff's preliminary injunction motion following full evidentiary hearing. After that ruling, plaintiff dropped the case without any settlement.
- Brainware v. Kofax. Represented Kofax in a false advertising case filed pursuant to the Lanham Act, and in companion trade secret/non-compete case, in the “Rocket Docket” of the U.S. District Court for the Eastern District of Virginia. Settled favorably to our client.
- Bank of New York Mellon v. Kelly and CoreStates Capital Advisors. Represented Bank of New York Mellon in non-compete and trade secret litigation against former employee and investment advisory firm, in court and before FINRA. Settled favorably to our client.
- Lifestyle Lift Holding, Inc. v. Kotler and WebMD. Defended WebMD in Lanham Act case regarding website publication. Settled favorably to our client.
- Barilla America, Inc. v. New World Pasta Co. Represented the leading U.S. dry pasta maker in Lanham Act case involving our client’s Ronzoni, San Giorgio, Prince and Creamette packaging. Settled favorably to our client.
- EverNu v. Rohm and Haas Co. Defended Rohm and Haas, which is part of the Dow Chemical Co., in a suit arising out of a trade secret misappropriation litigation. Obtained complete dismissal by trial court.
- Walker v. WPIX. Defended WPIX-TV in invasion of privacy litigation involving Public Service Announcement. Obtained voluntary dismissal without settlement following discovery.
Earlier in her career, Ms. Danoff was also lead counsel in the successful trial (and successful defense on appeal) of one of the leading cases on non-competes in Pennsylvania, Geisinger Clinic v. DiCuccio. She frequently handles injunctions and, in one recent case in federal court, won a highly unusual award of attorneys’ fees at the temporary restraining order stage of the case.
Harvard University, A.B., 1981, Magna cum laude, Phi Beta Kappa
The University of Chicago Law School, J.D., 1984
United States District Court for the Eastern District of Pennsylvania
Supreme Court of Pennsylvania
United States Court of Appeals for the Third Circuit
United States District Court for the Northern District of Illinois
United States District Court for the Western District of Pennsylvania
Ms. Danoff has also served as a sub-committee Chair of the American Bar Association's committee on Trade Secrets and Interference with Contracts and also the committee on Non-Compete Agreements.
In addition, Ms. Danoff is a past Chair of the Board of Philabundance, a non-profit that gathers surplus food for the needy in the Delaware Valley.
Publications and Lectures
Ms. Danoff speaks frequently about developments in intellectual property law, as well as on IP litigation strategies generally. Her recent presentations include:
“Year in Review,” Philadelphia Intellectual Property Law Association
“Trials in Trade Secret and Patent Cases,” Philadelphia Bar Institute’s Intellectual Property Law Institute
“Injunction Practice in State and Federal Courts,” Philadelphia Bar Education Center
“Trademarks A-Z,” Pennsylvania Bar Institute
“The Rocket Docket in Patent Cases,” American Bar Association’s Intellectual Property Law Summer Conference
“Trade Secrets and Non-Compete Agreements,” Association of Corporate Counsel, New York chapter
Lecturer, “Trade Secret Update”, Intellectual Property Law Institute of the Pennsylvania Bar Institute
Panelist on trademark issues, American Bar Association’s Intellectual Property Law Summer Conference
Moderator, “Trademark Dilution Roundtable,” American Bar Association's Intellectual Property Litigation section
“What Executive Needs to Know About Information Security,” Eastern Technology Council