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 managing partner 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.
Served as lead counsel for Panasonic in several matters, including most recently before the International Trade Commission, In the Matter of Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software, Inv. No. 337-TA-882 (that resulted in an initial determination of no infringement, invalidity and no domestic industry) and In the Matter of Certain Optical Disc Drives, Components Thereof, and Products Containing the Same, Inv. No. 337-TA-897 (resolved following ALJ decision of lack of standing)
Served as lead counsel for Zodiac Pool Systems in several matters, both as plaintiff and defendant, as well as providing strategic pre-litigation counseling
Served as lead counsel for Pioneer in several matters, achieving successful results on behalf of the client
Served as counsel for Qualcomm in several matters, including most recently in Tessera, Inc.v. Qualcomm Incorporated, et al., United States District Court for the Northern District of California, 4:12-cv-00692 CW (resolved following release of court-appointed expert’s report); MOSAID Technologies, Inc. v. Qualcomm Incorporated, et al., United States District Court for the Eastern District of Texas, 2:11-cv-00179-MHS-CMC (settled following Markman Order)
Served as trial counsel for the 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
Served as trial counsel for a leading software vendor plaintiff patent holder, responsible for representing damages case, resulting in a favorable jury verdict and permanent injunction
Courts / Agencies
US Court of Appeals for the Ninth Circuit
US Court of Appeals for the Federal Circuit
US District Court for the Central District of California
US District Court for the Eastern District of California
US District Court for the Northern District of California
US District Court for the Southern District of California
US District Court for the Eastern District of Texas