Brett Foster

Brett Foster




Brett has enjoyed success in jury trials and dispositive summary judgment in cases throughout the country. Brett led his legal team to achieve the highest patent infringement judgment in the history of the state of Utah ($24 million collected judgment). He has also obtained a number of multimillion dollar willful patent infringement jury verdicts, with enhanced damages and permanent injunctions that have been affirmed by the Federal Circuit Court of Appeals.

Brett has served as lead trial counsel in 22 states within the United States and is admitted to practice before all courts in the states of Utah and Arizona, and in the federal courts of Colorado and Michigan. Brett has enjoyed appellate success in cases before the United States Courts of Appeal for the Federal Circuit, the Ninth Circuit, the Tenth Circuit, and the appellate courts in Utah and Arizona.

Education & Admissions

Brigham Young University (J.D., 1990), cum laude, Student Bar Association President, 1989-1990, Journal of Public Law, Associated Editor, Brigham Young University Law School

University of Utah (B.S., Accounting, 1987), With Honors


  • Arizona
  • Utah


Representative Litigation

Patent Litigation

  • Permanent injunction, willful infringement jury verdict, enhanced damages, $20 million judgment affirmed by the Federal Circuit (blending technology).
  • Summary judgment victory in defending three patent infringement claims on three patents and four false advertising and unfair competition claims (equipment wash technologies).
  • Permanent injunction, willful infringement jury verdict, and enhanced damages, multi-million dollar judgment affirmed by the Federal Circuit (game call technology).
  • Summary judgment victory in defending patent case (firearms technology).
  • Permanent injunction following entry of summary judgment on all patent infringement claims and against all patent infringement defenses (equipment wash technologies).

Trademark Litigation

  • Dismissal of trademark infringement claim (foot insole technology).
  • Summary judgment in favor of defendant (game call technology).
  • Two preliminary injunctions on trademark and trade dress infringement cases, successful Ninth Circuit appeal, and permanent injunction (firearms technology).
  • False advertising preliminary injunction in favor of plaintiff on false advertising under the Lanham Act (dietary supplement technologies).

Trade Secret Litigation

  • Multi-million dollar trade secret misappropriation jury verdict (turbine engine wash, air craft wash and equipment wash technologies).
  • Dismissal of trade secret misappropriation claims on summary judgment (agricultural equipment technology).
  • Jury trial on trade secret misappropriation claim and breach of confidential disclosure agreement (medical products technology).

News & Resources

News & Press Mentions

Benchmark Litigation Recognizes 17 Dorsey Lawyers
Managing Intellectual Property Ranks Sixteen Dorsey Attorneys as 2020 IP Stars
IAM Patent 1000 Recognizes 13 Dorsey Attorneys in World’s Leading Patent Professionals 2020
Twenty-two Dorsey Attorneys Named to Utah ‘Legal Elite’
IAM Global Leaders Recognizes Four Dorsey Attorneys for 2020
Benchmark Litigation Recognizes 17 Dorsey Lawyers
IAM Patent 1000 Recognizes 12 Dorsey Attorneys in World’s Leading Patent Professionals 2019
Super Lawyers Recognizes 22 Dorsey Attorneys in Salt Lake City
Managing Intellectual Property Ranks Seventeen Dorsey Attorneys as 2019 IP Stars
Chambers USA 2019 Recognizes Dorsey Lawyers and Practices
Twenty Dorsey Attorneys Named to Utah ‘Legal Elite’
15 Dorsey Lawyers in Salt Lake City Selected for Inclusion in The Best Lawyers in America 2019 and 2019 Lawyers of the Year
Seventeen Dorsey Attorneys Ranked 2018 IP Stars
Chambers USA 2018 Recognizes Dorsey Lawyers and Practices in Salt Lake City
IP Hires: BakerHostetler, Dickinson Wright, Dorsey
Dorsey Scores Team Of 10 IP Attys From Holland & Hart
Personnel Changes at IP Law Firms, Organizations
Utah Business: People on the Move
Dorsey Salt Lake City Office Continues to Add Key Talent

Industries & Practices

  • Commercial Litigation
  • Intellectual Property
  • Intellectual Property Litigation
  • Patent Prosecution, Portfolio Strategy & Management
  • Trademark, Copyright & Advertising

Professional & Civic

Professional Achievements

  • Utah Bar Association, Member, 1992-present
  • State Bar of Arizona, Member, 1990-present
  • Utah State Bar, Intellectual Property Section, Member
  • Brigham Young University Law School, Alumni Board, 2000-2006


Ranked in Chambers USA 2019 Leading Individual  Chambers USA 2018 Leading Individual
  • Chambers – Band 1 individual, and Intellectual Property group
  • The Best Lawyers in America©, 2013-2021
  • Named "Salt Lake City Lawyer of the Year" in Litigation-Patent by Best Lawyers®, 2021
  • Recognized in IAM Global Leaders, 2020
  • IAM Patent 1000, one of the world’s leading patent practitioners
  • Utah Business Magazine, Utah Legal Elite, Intellectual Property
  • Mountain States Super Lawyers®, Intellectual Property
  • Chambers USA: America's Leading Lawyers for Business, Intellectual Property
  • Benchmark Litigation, Local Litigation Star
  • Managing Intellectual Property, IP Star
Brett Foster