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Daniel R. Foster is a partner in the law firm of McDermott Will & Emery LLP based in the Firm’s Orange County office. As a member of the Intellectual Property, Media & Technology Department, Dan 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. 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 electronic discovery issues, and has lectured on current trends in this area.
Dan is the Orange County representative on 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, as well as the State of California and the District of Columbia.
Representative Experience
Co-trial counsel for plaintiff patentee, responsible for presenting damages case which resulted in a successful jury verdict on all counts for a leading software vendor in patent infringement case.
Co-trial counsel for global manufacturer in a patent infringement lawsuit involving ultrasound medical imaging technology.
Co-trial counsel for communications industry plaintiff in two separate patent infringement actions. Responsible for trial management, evidentiary issues and motions, as well as preparation of witnesses. One of the matters was successfully stayed in light of pending reexamination proceedings related to the two asserted patents.
Co-trial counsel for defendant in favorable jury verdict in a patent case involving data networking, was responsible for putting on damages case.
Co-trial counsel for plaintiff in favorable jury verdict in a California state court breach of fiduciary duty action, was 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 claims.
Education:
University of Illinois College of Law, J.D., 1995
University of California-Los Angeles, B.A., 1990 | 