Brett Foster
PEOPLE

Brett Foster

Partner
foster.brett@dorsey.com

Overview

BRETT REPRESENTS CLIENTS IN COMPLICATED AND HIGH-STAKES INTELLECTUAL PROPERTY LITIGATION.

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

Admissions

  • Arizona
  • Utah

Experience

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).

Industries & Practices

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

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

Accolades

Chambers USA 2018 Leading Individual
  • Chambers – Band 1 individual, and Intellectual Property group
  • The Best Lawyers in America©
  • 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