Rachel K. Zimmerman,  Attorney
		612.336.4667  |  Email  |  vCard Minneapolis Office 3200 IDS Center 80 South Eighth Street Minneapolis, MN 55402 USA ph: 612.332.5300 fax: 612.332.9081

Education

Pomona College
B.A., Psychology, cum laude, 1998
Member of Psi Chi Honor Society

New York University School of Law
J.D., magna cum laude, 2001; Order of the Coif

Law Clerk for the Honorable James B. Loken
U.S. Court of Appeals for the Eighth Circuit

Bar Admissions

Minnesota State Bar, 2001
U.S. District Court for the District of Minnesota, 2002
U.S. District Court for the Eastern District of Wisconsin, 2006
U.S. District Court for the Western District of Wisconsin, 2008
U.S. Court of Appeals for the Eighth Circuit, 2002
U.S. Court of Appeals for the Federal Circuit, 2003

Professional Affiliations

American Intellectual Property Law Association
Federal Bar Association, Officer and Director
Minnesota State Bar Association
Children's Law Center, volunteer attorney

Rachel practices general intellectual property law with an emphasis on litigation, appellate advocacy, and client counseling. Her practice has focused on resolving clients' complex patent, trademark, and copyright infringement, unfair competition, and trade secret misappropriation disputes.

In her litigation practice, Rachel has successfully argued multiple motions in various federal courts throughout the United States, in state court in Minnesota, and in arbitration proceedings. Rachel's experience extends to the handling of all aspects of complex intellectual property litigation, from the investigation and preparation of complaints through trial, post-trial, and appeal, as well as every stage in between. Among other things, Rachel has managed discovery, directed patent claim construction proceedings, taken and defended fact and expert depositions, handled nondispositive and dispositive motion practice, represented client interests in mediation and settlement conferences, and drafted motions in limine and other pre- and post-trial submissions. Rachel has been an active member of trial teams in both litigation and arbitration matters through jury verdicts and final decision.

Rachel also has significant expertise handling clients' appellate-level disputes; a practice to which she brings valuable experience having formerly clerked for U.S. Court of Appeals Chief Judge James B. Loken. She has represented clients in numerous appeals before the United States Court of Appeals for the Federal Circuit and has participated in all aspects of appellate practice before that Court, including motion practice, briefing, mediation, and argument. In addition to her own appellate practice, Rachel also has taught appellate advocacy as an attorney director of the Intellectual Property Moot Court class at the University of Minnesota Law School. In that capacity, she also coached the school's competition team to a national championship at the Giles Sutherland Rich Memorial Moot Court Competition held at the Federal Circuit.

Representative Litigation

Represented Fortune 500 company in complex patent litigation against competitor. Technology at issue involved antimicrobial treatments for use in food processing plants. Case resulted in a verdict of willful infringement against competitor as to multiple asserted claims, and verdict of misappropriation of trade secrets.

Represented large hard disk drive company in connection with trade secret misappropriation claims. Successfully obtained order compelling enforcement of binding arbitration agreement.

Represented semi-professional football team in trademark litigation against another semi-professional football team infringing client's mark. Resolved case with injunction against infringer's future use.

Represented company in semiconductor industry in patent infringement action against competitor. Participated in Markman efforts resulting in favorable claim construction rulings.

Defended company in medical testing industry accused of false advertising and unfair competition in connection with statements made about a license to technology subject to a patent application. Obtained favorable result for client, including dismissal with prejudice of all claims with no damages or conditions.

Defended company in consumer electronics industry in patent litigation against competitor. Avoided requested preliminary injunctive relief and efficiently achieved favorable resolution of matter for client.

Represented company in packaging industry in litigation involving misappropriation of trade secrets by departing employee. Achieved efficient and favorable resolution of matter for client.

Represented company in archery products industry in patent infringement litigation against competitor. Obtained sanctions against other party in connection with motions to compel necessitated by other party's lack of cooperation in discovery. Obtained preliminary injunction against key competitor's sales of accused devices. Resolved matter favorably to client shortly thereafter.

Defended company in archery products industry in patent infringement litigation brought by competitor. Obtained covenant not to sue and dismissal with prejudice on behalf of client.

Represented company in archery products industry in patent infringement litigation against competitor. Defeated motion to dismiss for lack of personal jurisdiction. Obtained favorable judgment in bankruptcy proceeding.

Represented Fortune 500 company in patent infringement litigation against competitor. Technology at issue was in field of chemical engineering. Achieved favorable result following claim construction obtained on appeal of denial of preliminary injunctive relief.

Defended company in waste treatment industry in post-trial proceedings pertaining to patent infringement litigation. Obtained denial of motion for new trial under Rule 60(b), sanctions against other party in connection with 60(b) motion, and order prohibiting other party from making any future filings in the case.

Represented Fortune 500 company in patent infringement trial against competitor. Technology at issue involved fields of mechanical engineering and optics. After six-week trial, jury found claims infringed and not invalid.

Obtained favorable infringement damages award for Fortune 500 company in patent infringement litigation against competitor.

Representative Appeals

Represented company in food science field in appeal to Federal Circuit of district court's summary judgment of noninfringement in a patent case.

Represented company in semiconductor field in connection with appeal of district court judgment rendering entire patent portfolio unenforceable for inequitable conduct. Convinced Federal Circuit to stay enforcement of attorneys' fee award against company pending appeal in view of dire financial consequences of immediate enforcement. Federal Circuit reversed the finding of unenforceability in its entirety, thus mooting the district court's award of approximately $3.3 million in attorneys' fees against the company.

Represented Fortune 500 company in appeal to Federal Circuit of district court's denial of preliminary injunctive relief based on erroneous claim construction in a patent case. Obtained reversal of claim construction on appeal, resulting in favorable resolution of matter in its entirety on remand.

Represented appellee, company in waste treatment industry, in connection with multiple appeals at the Federal Circuit. Company sought to preserve summary judgment of noninfringement entered in its favor in patent infringement case. In a first appeal, used motion practice to obtain dismissal of appeal. In a second appeal, obtained affirmance of district court's ruling in its entirety.

Represented appellee, Fortune 500 company, in motion practice before the Federal Circuit in connection with appellant's request for immediate stay of district court patent litigation proceedings in favor of arbitration. Obtained order denying appellant's request and summarily affirming district court's order denying arbitration.