Jim Foster is among the most experienced patent trial lawyers in the country, with over 35 years of patent trial practice. He specializes in patent litigation in computer-related and wireless technology. Before joining Prince Lobel, Jim practiced as a senior member at Wolf, Greenfield & Sacks, P.C., where he chaired the Patent Litigation Group for many years and served on the firm’s Executive Committee.
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 hundreds of other cases, he has been admitted to full membership in the bars of 14 United States district courts and has argued cases in pro hac vice in 20 other districts.
Jim has an accomplished record as an appellate advocate and has argued numerous Federal Circuit patent decisions, as well as non-patent appeals in four other United States Courts of Appeal.
Jim has lectured on subjects related to intellectual property litigation for different legal and trade organizations and has been published in various legal journals.
- Harvard Law School, J.D.
- Massachusetts Institute of Technology, B.S.
- New York
- U.S. Patent and Trademark Office
- United States District Court for the Eastern District of Texas
- Federal Circuit Bar Association
- American Bar Association
- Boston Patent Law Association
- Martindale-Hubbell AV® Preeminent™ Peer Review Rated
- Selected to appear in Best Lawyers in America in intellectual property law
- 2013 – present: Named a Massachusetts “Super Lawyers” in Intellectual Property Litigation.
- May 2020: Prince Lobel Client Alert, “Federal Appeals Court Software Patent Not Just an ‘Abstract Idea'”
- 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 multipatent 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 holder of computer storage patent, on eve of Markman hearing in Eastern District of Texas, to agree to pay client substantial sum to drop invalidity counterclaim.
- Obtained multimillion award from confidential party on use of NMR patented technology.