Brett L. Foster

Brett L. Foster is a highly experienced patent and intellectual property litigation attorney and Partner in the Salt Lake City office of Dorsey & Whitney LLP. He is recognized for his expertise in contentious intellectual property mandates, encompassing large-scale patent infringement litigation at both trial and appellate levels. His practice areas cover patent, trademark, trade secret, and false advertising cases across federal district courts nationwide.

Foster's experience spans a range of technologies, including mechanical innovations such as multi-position ladder systems, blending technology, equipment wash technologies, game call technology, firearms, archery, and hunting decoys, as well as software-related matters like simulation software. While the tracked case shows an appearance on the defendant side, his professional profile indicates a balanced practice, both enforcing intellectual property rights for plaintiffs and defending clients against infringement claims. He has secured significant victories for both sides, including multimillion-dollar jury verdicts for willful patent infringement and numerous summary judgment victories in defense of patent claims.

Notable outcomes include achieving the highest patent infringement judgment in Utah history, a $24 million collected judgment for blending technology, which was affirmed by the Federal Circuit. More recently, he represented Tricam Industries LLC as defendant in Tricam Industries LLC v. Little Giant Ladder Systems LLC, a patent infringement dispute concerning multi-position ladder technology. In this case, the district court granted summary judgment of non-infringement in favor of Tricam, a decision that was affirmed by the Federal Circuit. Foster also has experience with post-grant proceedings, assisting Dorsey's PTAB team in invalidating asserted patents and arguing related appeals at the Federal Circuit.

Foster earned his J.D. cum laude from Brigham Young University Law School in 1990 and a B.S. in Accounting with Honors from the University of Utah in 1987. He is admitted to practice in Utah and Arizona, and in federal courts in Colorado and Michigan, having served as lead trial counsel in 22 states via pro hac vice admissions.