William S. Foster, Jr.

Patent Infringement

Bill’s technology patent practice includes infringement and invalidity analyses, as well as preparing U.S. and foreign patent applications. He conducts patent litigation, including appellate practice, and has appeared before the Federal Circuit and the Patent Trial and Appeals Board in oral argument. His work includes protecting mechanical patents on fuel injectors, household appliances, packaging machinery and automotive emissions systems. His electrical patent defense work addresses memory circuits, wireless transmission systems, data transfer protocols and imaging systems.

Representative Experience

• 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.
• 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.

Government Contracts

Bill also maintains a government contracts practice, particularly in the area of dispute resolution. He handles bid protests, claims under the Contract Disputes Act and cases of Fifth Amendment takings of private property for public use. Bill advises clients with respect to IP rights under government contracts, including exclusivity under the Small Business Innovation Research (SBIR) program and commercialization of technology under the Bayh-Dole Act related to inventions arising from government-funded research.

Representative Experience

• 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 under government contracts, 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
• 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

Previous Experience

Before his legal career, Bill served in policy positions in the executive and legislative branches of government, including the Senate Committee on Veterans’ Affairs and the Office of the Secretary of Defense. In addition, Bill clerked for Judge Diane Gilbert Sypolt at the U.S. Court of Federal Claims.