Rory E. Foster, Partner

Biography

Rory focuses his practice on patent prosecution, intellectual property licensing, transactional due diligence, and other intellectual property issues for companies producing and operating mechanical devices, hydraulic systems, valves, controls and algorithmic inventions, optical systems and machine vision, and fluid management and other process technology. He previously worked as a mechanical engineer on the upstream side of the oil and gas industry and received his engineering degrees from MIT and UW-Madison.

Rory's experience includes the prosecution of patent applications in a variety of technology classes, including for mechanical, electronic, hydraulic, and algorithmic inventions; strategic building and management of global patent portfolios; and preparation of infringement and freedom-to-operate opinions, including in preparation for inter partes reviews. He also frequently advises on infringement risks and enforcement and defensive strategies, and drafts and negotiates all manner of IP-focused transactional agreements, including for the purchase, sale, and licensing of rights in patents, software, know-how, and trade secrets.

As part of his transactional practice, Rory has assisted clients with intellectual property due diligence for a variety of business arrangements, including mergers and asset transfers for both large and small entities. Rory also helps clients to navigate the complexities of joint technology development, including by providing training on best practices for non-legal staff, and assisting in the detailed structuring and management of formal joint development agreements.

While he is not primarily a litigator, he frequently assists with technical analysis and strategic planning for U.S. patent litigation. In addition to U.S. patent litigation and enforcement/defensive strategy, Rory also advises clients regarding non-U.S. patent litigation and has served as U.S.-based coordinator and strategic lead for defensive and offensive patent suits in Europe, Asia, and South America.

In partnership with a local non-profit, Rory also volunteers as a pro bono representative for domestic abuse and harassment injunction hearings, and he helps to coordinate pro bono patent prosecution at Quarles & Brady under the USPTO Patent Pro Bono Program.

Legal Services

Education and Honors

  • Harvard Law School (J.D., 2010)
    • Tenant Advocacy Project (Advocate, Intake Director, and Board Member)
  • University of Wisconsin - Madison (M.S., 2005)
    • Major: Mechanical Engineering
  • Massachusetts Institute of Technology (B.S., 2004)
    • Major: Mechanical Engineering
    • Sigma Chi Fraternity (President)
    • Derby Days Inter-Collegiate Charity (Organizer)

Bar Admissions

  • Wisconsin
  • Massachusetts

Court Admissions

  • U.S. District Court, Western District of Wisconsin, 2014
  • U.S. District Court, District of Massachusetts, 2011
  • U.S. Patent and Trademark Office, 2011