William S. Foster, Jr.

william.foster dbr.com
Phone: (202) 230-5650

About

William S. Foster, Jr. is a registered patent attorney who provides patent counseling and related prosecution and litigation services. He has worked with a range of technologies in the mechanical field as well as electrical innovations.

His experience includes providing infringement/invalidity analyses; preparing and prosecuting U.S. and foreign patent applications; and assisting in all aspects of patent litigation, including appellate practice. He has appeared before the Federal Circuit and Patent Trial and Appeals Board in oral argument.

Bill also has extensive experience in government contracts practice, particularly dispute resolution. He has worked on bid protests, claims under the Contract Disputes Act and for Fifth Amendment takings. Bill also advises clients with respect to IP and data rights issues arising under government contracts. In addition, Bill clerked for Judge Diane Gilbert Sypolt at the U.S. Court of Federal Claims.

Before his legal career, Bill served in policy positions in both the executive and legislative branches of government, including two years with the Senate Committee on Veterans’ Affairs. As a disabled veteran, Bill is very involved with veterans’ pro bono matters and is director on the board of the Veterans Consortium Pro Bono Program created by Congress to ensure adequate representation of veterans for claims before the U.S. Court of Appeals for Veterans’ Claims.

Experience

Bill has worked with a wide range of mechanical technologies including fuel injectors, automotive emission systems, medical devices, household and commercial appliances, storage tanks for hazardous material, shipping containers, concrete support structures, packaging machinery and brewing technology. His representative matters include:

  • Patent infringement case involving disposable brew baskets and in-room beverage service.-- Courtesy Products, Inc v. Hamilton Beach Brands, Inc. (D. Del.)
  • Patent infringement case involving commercial blender technology.-- F'real Foods, LLC v. Hamilton Beach Brands, Inc. et al. (D. Del.)
  • Patent infringement cases involving tape label cassettes.-- Brother Industries, Ltd. v. Chi Kin Wong d/b/a CW Media Pro, Brother Industries, Ltd. v. EZ Replacement Labels, LLC, and Brother Industries, Ltd. v. Sophia Global, LLC, et al.
  • Patent infringement case involving washing machine direct-drive technology.-- LG Electronics v. ASKO Appliances, Inc. et al.
  • Patent infringement case involving beverage cartridge technology.-- Keurig, Incorporated v. Kraft Foods, et al.
  • Patent infringement cases involving dental appliances.-- Total Gard Corporation v. Splintek-PP, Inc. et al.
  • Appeal reversing summary judgment of non-infringement in case involving calculator lid mechanism.-- Sun Coast Merchandise Corp. et al v. CCL Products Enterprises, Inc.

Bill is familiar with electrical innovations in such areas as liquid crystal displays, plasma display devices, thin film transistors (TFTs), memory circuits (SDRAM and flash memory), automobile lighting, wireless transmission systems, data transfer protocols and electronic printing and imaging systems. His representative matters include:

  • Counsel in patent infringement case involving interface technology for computer peripherals.-- Infinity Computer Products, Inc. v. Brother International Corp., et al.
  • Counsel in patent infringement case involving WiFi technology, digital audio technology, laser diode technology and semiconductor processing technology.-- Agere Systems Inc. v. Sony Corporation, et al.
  • Counsel in patent infringement case involving integrated circuit technology.-- Norman IP Holdings, LLC v. Brother International Corporation et al.

Bill’s government contracts experience includes:

  • Counsel of record asserting contract claims against the Federal Government for environmental cleanup costs, obtained summary judgment for liability.-- ExxonMobil v. United States.
  • Advises clients regarding IP and data rights, including exclusivity under SBIR and commercialization of technology under Bayh-Dole.
  • Advised on prime sub dispute between Compass Group and KBR in the Eastern District of Virginia.
  • Negotiated dismissal under authorization and consent clause and walk-away dismissal of patent action for SBIR contractor pursuant to authorization and consent clause.-- AAR Manufacturing, Inc. v. Guild Associates, Inc.
  • Represented third-party defendant defense contractor in 1498 action.-- Theodore Whitney and High Resolution Optics Corporation v. The United States.
  • Advises clients regarding IP and data rights under government contracts, including exclusivity under SBIR and commercialization of technology under Bayh-Dole.
  • Represented sub-contractor related to claims against prime contractor under LOGCAP III for provision of dining facilities during Operation Iraqi Freedom in the Eastern District of Virginia.

Credentials

Bar Admissions

  • District of Columbia
  • U.S. Patent and Trademark Office
  • Virginia

Education

  • George Mason University School of Law, J.D., 2002, cum laude
  • University of Notre Dame, B.A., 1995

Court Admissions

  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. District Court, District of Columbia
  • U.S. Court of Federal Claims

Organizations

  • American Intellectual Property Law Association, Patent Law Committee
  • The Veterans Pro Bono Consortium, Director