Randolph C. Foster
Partner
Portland, OR
(503) 294-9453 Direct
(503) 220-2480 Fax

rcfoster@stoel.com


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Randolph C. Foster

Experience

Randy Foster is a partner of the firm representing clients in business and intellectual property litigation, marketing, antitrust and trade regulation matters. He has handled matters for clients across a broad range of industries, including electronics, software, wood products, biotechnology, health care, petroleum products, advertising, telecommunications, retailing and motor vehicles. He is a frequent lecturer and author on issues associated with civil litigation, antitrust and the protection of intellectual property. Randy has served on the firm's Executive Committee and is the former lead partner for client relations. He has also served as practice group leader for the firm's intellectual property practice.

Before joining Stoel Rives, Randy was a legislative assistant to U.S. Senator Frank Church from 1974 to 1978.

Representative Work

  • Successfully represented a major sporting goods manufacturer in a matter involving trademark, licensing and right of publicity issues.
  • Represented Global Building Supply and related entities in an international arbitration against Chemco, Inc. The dispute involved Global's 2007 acquisition of exclusive rights to certain fire retardant technology used to treat cedar roofing material. Global asserted that Chemco breached the parties' agreements by supplying Global's competitor with the fire retardant to treat cedar roofing and assisting the competitor in securing certain industry and government approvals necessary to successfully market and sell treated cedar roofing products using Global's acquired technology. Chemco argued that the technology was dedicated to the public upon expiration of a Chemco patent, and that the underlying acquisition created an illegal monopoly and was therefore unenforceable. A one-week evidentiary hearing was completed in January 2012, and the parties are awaiting the arbitrator's final decision in this multimillion-dollar international technology and antitrust dispute.

Professional Honors & Activities

  • Selected by Best Lawyers® as Portland Litigation-Antitrust Lawyer of the Year, 2014
  • Selected as a leading patent litigator in the inaugural issue of Intellectual Asset Management's IAM Patent Litigation 250 – The World's Leading Patent Litigation Practitioners, 2011
  • Selected as one of "America's Leading Lawyers for Business" (Oregon) by Chambers USA (currently: Intellectual Property; Litigation: General Commercial), 2010-2013
  • Listed in Best Lawyers in America® (currently: Commercial Litigation, Information Technology Law, Litigation-Antitrust, Litigation-Intellectual Property, Litigation-Patent), 2013-2014
  • Listed in Oregon Super Lawyers® (Intellectual Property Litigation), 2009
  • Member, Patent, Trademark and Copyright, Antitrust, Litigation, and Science and Technology Sections, American Bar Association
  • Member, Intellectual Property, Litigation and Antitrust Sections, Washington, Oregon and Idaho State Bars

Presentations

  • "Intellectual Property for Entrepreneurs," Lewis & Clark Law School Small Business Clinic, 2007-2009

Civic Activities

  • Board Member, Portland Center Stage, 2010-2011
  • Trustee, University of Puget Sound, 2005-2009
  • Trustee, Oregon Graduate Institute, 2002-2004
  • Trustee, The Catlin Gabel School, 2002-2004
  • Board Member, Classroom Law Project, 2005-2007
  • Coach, high school mock trial teams, 2002-2005

Publications

  • "Trial Motions," Powerful Motion Practice, Oregon State Bar, Nov. 2007
  • "How to Live with Oregon's Newly Adopted Employee Noncompetition Statute," Aug. 2007
  • "Courts Crack Down on False and Deceptive Advertising," Portland Business Journal, Aug. 24, 2007
  • "Dealing with Intellectual Property Disputes," Oregon State Bar seminar, Mar. 2007
  • "A Primer on Responding to Intellectual Property Demand Letters," ABA Section of Business Law Newsletter, Winter 2006
  • "How to Assert IP Claims," Sept. 2006
  • "Becoming a Vital Part of the Creative Process," Settlement and Negotiations for Advertising and Marketing Law, 2006
  • "Dealing with Dealers," Nov. 2004
  • Stoel Rives IP Seminar Series: "Legal Rules Governing Pricing Practices," Apr. 2004
  • "Intellectual Property – What the Racing Industry Needs to Know," Race Track Industry Program Symposium, Dec. 2003
  • "The Departing Employee – Competitive Restrictions" (coauthor), Advising Oregon Business, OSB CLE
  • "Product Distribution and Marketing in Oregon," Lorman Education Services, 2003
  • Coeditor, Civil Litigation Manual, OSB 1984, 1990, 1993
  • "Bringing the Voice of the Client into the Law Firm," Total Quality Management for Law Firms, PLI 1992
  • "Developments in Trademark Law and Unfair Competition," 7th Annual Pacific Rim Computer Law Institute, 1990

Education

  • Georgetown University Law Center, J.D., 1978
    Member, The Tax Lawyer, 1977-1978
  • University of Puget Sound, B.A., 1974, with honors

Admissions

  • Oregon
  • Idaho
  • Washington
  • U.S. District Court for the Districts of Idaho, Oregon, Eastern Washington and Western Washington
  • U.S. Court of Appeals for the Eighth and Ninth Circuits

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