Dan Foster litigates and tries complex intellectual property and other commercial cases, advises companies on IP licensing issues, pre-litigation strategy, licensing audits, and patent acquisition matters. Dan serves as the partner-in-charge of McDermott’s Orange County office and is operational partner of the Intellectual Property Practice Group.
Dan has handled more than 100 intellectual property disputes in a wide variety of technologies. He has prepared and presented arguments and achieved successful jury determinations in a number of cases. Dan has particular expertise on patent damage and licensing issues, and also advises clients on issues involved in managing complex litigation, including early stage strategies and electronic discovery. He regularly leads litigation teams, coordinates the work of in-house and outside counsel, and litigates and tries matters in numerous district courts and before the International Trade Commission.
Dan has significant experience in business actions in state and federal courts, where he represents companies in trade secret, trademark, unfair competition, false advertising, business torts, contract disputes and other commercial matters. He also represents businesses in arbitration, mediation and administrative proceedings. To help minimize the likelihood and impact of potential disputes, Dan counsels clients on litigation-avoidance strategies, licensing issues (including issues unique to SEPs), and related matters.
Dan lectures regularly in the US and overseas regarding emerging IP legal trends, with a particular focus on cutting edge damages and licensing issues. Dan is the former chair of the Associate Compensation, Review, and Development Committees. Dan is an active volunteer in local nonprofit and community organizations, and serves on the Board of Directors of the Public Law Center of Orange County.