Daniel R. Foster is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Orange County office. Dan litigates and tries complex intellectual property and other commercial cases, and advises companies on licensing issues and pre-litigation strategy and planning.
Dan has experience in domestic and international intellectual property disputes in a wide variety of technologies, and has litigated over 50 patent cases in a number of district courts and before the International Trade Commission. He specializes in patent damages, and has prepared and presented patent damage issues on several cases, achieving very successful jury determinations. In addition to this trial work, Dan has also lectured in a number of areas relating to patent damages.
Dan also has significant experience in business actions in state and federal courts, representing businesses in unfair competition, business torts, contract disputes, and other commercial matters. In addition to his state and federal court practice, he has successfully counseled clients to avoid litigation, and has represented clients in arbitration, mediation and administrative proceedings. Dan is also active in a variety of issues involved in managing complex litigation, including cutting edge electronic discovery issues, and has lectured on current trends in this area.
Dan is the head of the IP Litigation Practice Group for Southern California, the Chair of the firm’s Associate Development Committee, and is on the Firm’s Pro Bono committee. He is an active volunteer in local nonprofit and community organizations.
Dan is admitted to practice in all federal courts in California and the Eastern District of Texas, as well as the State of California and the District of Columbia.
Representative Experience
- Trial counsel for communications industry leader in patent infringement actions (both as a complainant and a respondent) before the International Trade Commission. Responsible for preparing and putting on witnesses, pre- and post-hearing briefing, trial management, evidentiary issues and motions
- Trial counsel for plaintiff in a patent case involving data networking, responsible for putting on damages case, including examinations of plaintiff’s and defendant’s damages experts, resulting in a favorable jury verdict, permanent injunction, and order to destroy defendant’s inventory of infringing products.
- Trial counsel for a leading software vendor plaintiff patent holder, responsible for presenting damages case, resulting in a favorable jury verdict and permanent injunction.
- Trial counsel for plaintiff in a patent case involving medical devices, responsible for putting on a successful damages case.
- Trial counsel for defendant in favorable jury verdict in a patent case involving data networking, responsible for putting on damages case.
- Trial counsel for plaintiff in favorable jury verdict in a California state court breach of fiduciary duty action, responsible for putting on damages case which resulted in a successful damages award.
- Lead trial counsel in two California state court bench trials involving contract and tort claims.
- Obtained summary judgment for defendant device manufacturer in patent case
- Has successfully negotiated early advantageous settlements on behalf of several accused infringers.
Education
- University of Illinois College of Law, J.D., 1995
- University of California-Los Angeles, B.A., 1990
