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. He focuses his practice on complex intellectual property and other complex commercial litigation.
Dan has experience in domestic and international intellectual property disputes in a wide variety of technologies, and has appeared in a number of district courts and before the International Trade Commission. He specializes in patent damages and licensing issues. Dan 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. He has also frequently advised clients on licensing issues and pre-litigation strategy and planning.
Dan also has significant experience in business actions in state and federal courts, representing businesses in employment, unfair competition, real estate and other commercial matters. In addition to his state and federal court practice, Dan 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 Orange County representative for the Firm’s Pro Bono committee, expanding the program’s outreach and successfully representing numerous pro bono clients. He is an active volunteer in local nonprofit and community organizations. He 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
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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.
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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.
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Trial counsel for a leading software vendor plaintiff patent holder, responsible for presenting damages case and preparing for follow-up hearings for motion for a permanent injunction.
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Trial counsel for defendant in favorable jury verdict in a patent case involving data networking, responsible for putting on damages case.
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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.
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Lead trial counsel in two California state court bench trials involving contract and tort claims.
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Obtained summary judgment for defendant device manufacturer in patent case
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Obtained successful settlement on behalf of a global manufacturer defendant in a multi-patent case..
Education
- University of Illinois College of Law, J.D., 1995
- University of California-Los Angeles, B.A., 1990
