Philip J. Foret
PartnerChair, Intellectual Property
Philip Foret safeguards critical thought innovation of individuals and businesses. With in-depth knowledge of patent, trademark and copyright law, Phil provides strategic advice on a wide range of intellectual property matters such as deal flow and litigation due diligence, negotiating intellectual property and information technology (IP/IT) agreements, worldwide IP portfolio development, patenting innovation, clearance and freedom-to-operate (FTO) opinions, brand clearance and protection, dispute resolution and copyrights. Phil counsels clients through all stages of the product development lifecycle and works directly with in-house legal, technical and marketing teams. Phil represents clients in IP infringement cases and domain name disputes. Chair of the firm’s IP practice, Phil is also a member of the mergers and acquisitions and corporate and securities practices.
Phil dedicates his practice to guiding businesses and individuals with best practices for protecting critical IP assets. He works with clients to develop strategies to align IP rights with business goals and that also protect IP rights within competitive landscapes. Phil works across the spectrum of IP by providing counseling, FTO studies, invalidity and patentability opinions, patent and trademark clearance opinions, due diligence, and worldwide patent and trademark portfolio development and maintenance.
With experience spanning many technologies, Phil provides trusted counsel in the areas of IT, telecommunications, smartphone systems, software, computer security, data systems, control systems for industrial processes, blockchain and distributed ledger technology. He also handles emerging artificial intelligence matters related to computer vision, financial services (fintech), chemical processes and equipment, medical devices, product manufacturing processes and systems, food and beverage science, consumer and pet products, pharmaceuticals, biotechnology, stem cell technology, and sporting goods and apparel.
Phil helps clients leverage IP rights with patent licenses, software licenses, software-as-a-service (SaaS) agreements, development agreements, independent contractor agreements, manufacturing agreements, master service agreements, trademark licenses, co-existence agreements and copyright licenses.
Phil is also well-versed in conducting buyer-side and seller-side transactional IP due diligence for all types of business deals. He has broad experience in litigation finance for patent infringement cases. Phil assists clients in identifying business risk related to ownership, scope, validity and enforceability of IP rights that are subject to a transaction.
In addition to proactive IP counseling, Phil has experience with IP policing and litigation through representations with IP infringement cases in federal courts, including defense of claims brought by patent trolls, trademark rights enforcement through Uniform Domain Name Dispute Resolution Policy (UDRP) disputes, and trademark dispute resolution.
