James J. Foster

Jim Foster is among the most experienced patent trial lawyers in the country with 35 years of trial practice and specializes in patent, trademark, copyright, and trade secret litigation. He chaired the firm’s Litigation Group for eight years, and now practices as a senior member.

Jim has extensive patent jury experience. He has acted as lead counsel in patent jury trials not only in Massachusetts, but in seven other states as well. In the course of appearing before judges and juries in these and other cases, he has been admitted to full membership in the bars of 14 United States district courts and has argued cases pro hac vice in many other districts as well.

Jim has an accomplished record as an appellate advocate, and has argued numerous Federal Circuit patent decisions.

Jim frequently lectures on subjects related to intellectual property litigation for different legal and trade organizations such as the Licensing Executive Society and American Lawyer Media’s IP and Business Law Briefing. He has been widely published in such publications as New York Bar Journal, Journal of the Patent and Trademark Office Society, and Mass High Tech.

Representative Matters

Won Federal Circuit appeal in landmark case on types of evidence courts may consider for claim construction. (Vitronics Corp. v. Conceptronic, Inc.)
Won largest jury verdict in trade secret case in Massachusetts history and successfully argued First Circuit appeal. (Foster-Miller v. Babcock & Wilcox Canada, Ltd.)
Obtained eight-figure settlement of multi-patent dispute between arch-rivals in field of computer technology.
Assisted major consumer software provider, shortly before trial on $100 million claim, in negotiating favorable settlement by finding and briefing potentially dispositive issue.
Forced plaintiff patent holder, on eve of Markman hearing in Eastern District of Texas, to pay client substantial sum to drop invalidity counterclaim.

Professional and Civic Activities

American Bar Association

Federal Practice & Procedure Committee, IP Law Section
Intellectual Property Subcommittee, Litigation Section

Federal Circuit Bar Association

Boston Patent Law Association

Honors and Awards

Jim has repeatedly been named in Boston Magazine as one of Massachusetts’ “Super Lawyers” in the field of intellectual property litigation. He has also been repeatedly selected to appear in Best Lawyers in America in intellectual property law.

Also Noteworthy

Jim serves on the firm’s Executive Committee.