Bar & Court Admissions

  • State Bar of California
  • U.S. Courts of Appeals for the Federal, Second and Ninth Circuits
  • U.S. District Courts for the Central and Northern Districts of California

Education

American University, Washington College of Law, J.D.

University of California at Los Angeles, B.A.

Photo of Taylor C. Foss

Taylor C. Foss

Senior Associate
Orange County
T: 714.557.7990
F: 714.557.7991
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Taylor Foss is a seasoned intellectual property litigator, practicing primarily in federal court in cases involving patent, trademark and copyright infringement, trade secret misappropriation and related actions such as malicious prosecution and violations of the False Claims Act. He serves clients in an array of industries in matters concerning a variety of technologies – computer networks, pharmaceuticals, medical devices, polarized sunglass lenses and dental implant screws, among them. By virtue of his expertise, Taylor manages M&R’s trademark prosecution practice, coordinating with attorneys firmwide as to the trademark needs of an extraordinarily diverse client base. 

Having been focused on IP and Internet-related issues as far back as law school, Taylor’s experience in these areas is vast. By way of example, he has been significantly involved in the arbitration of disputes related to ICANN's Uniform Domain Name Resolution Policy ("UDRP"), having drafted several ICANN panel decisions. Taylor has also defeated a patent false marking claim brought by a patent troll in a notorious, “penalty-per-mark” case, a type of dispute that the federal circuit courts have since disallowed. More recently, Taylor has actively sparred with an array of copyright trolls – including some in the textile and garment businesses – who seek to extract settlements from unsuspecting defendants.

Of particular interest to Taylor are IP issues surrounding video games and the gaming industry. In fact, he has published two related articles: “Are Your Software Trade Secrets Just Undiscovered Willful Infringement?” and “Superformula and Prometheus: A Procedurally-Generated ‘Non-Story’.” On the subject of trademark infringement, Taylor co-authored a piece entitled, “Can E-Mail and Screen Names Infringe? Cases Indicate That Such Net Use May Constitute a Trademark Violation.”

Notably, Taylor was named to the 2017 list of Southern California Rising Stars by Super Lawyer Magazine. Not only is he an outstanding attorney, Taylor is also a level 1 sommelier, currently working toward level 2 certification. In addition, he brews his own craft beer. Not surprisingly, Taylor's sphere of practice includes alcohol law (e.g., regulatory issues and licensing).

Representative Matters

ANDA Litigation: Represented a leading specialty pharmaceutical company in a variety of cases, including ANDA litigation, patent disputes and other matters. 

Breach of Contract: Successfully represented a global manufacturer of scientific and technological instruments and systems in a breach of contract dispute with a distributor.

False Claims Act: Member of a team that represents a pharmaceutical company suing on behalf of the United States federal and state governments due to another pharmaceutical company’s wrongfully attaining patent rights and overcharging government agencies, including Medicare and Medicaid and the Veterans’ Administration, during the term of the wrongfully obtained patent it claimed covered the drug.

False Claims Act: Represented an ophthalmic pharmaceutical company in defeating a marking troll that sought damages for alleged false patent marketing on a glaucoma drug product insert.

Licensing Dispute: Represented coffee company in dispute with celebrity estate regarding wrongful license termination.

Patent Infringement: Successfully defended a specialty eyewear manufacturer in a patent infringement case relating to polarized polyurethane lenses.

Trademark Infringement: Represented a leading musculoskeletal implant manufacturer in obtaining a preliminary injunction against a competitor using an infringing trademark.

Trademark Infringement: Represented an organic and raw food bar manufacturer in a recently filed trademark infringement matter.

Trademark Infringement/Sanctions Award: Obtained a massive $250,000 sanctions order for the failure of a defendant and its attorney in a trademark infringement case to participate in discovery. A Judge in the United States District Court issued his staggering ruling after the defendant neglected to respond to our client’s discovery requests and then refused to abide by the Court’s order to provide responses to interrogatories and produce documents, which was requested by way of our comprehensive motion to compel.