R Spencer Montei headshot.

R. Spencer Montei

Partner

R. Spencer Montei

Partner

Spencer is an experienced IP lawyer who protects and defends the intellectual property of some of the world’s most innovative companies. With a proven record of success in high-stakes litigation, he is an advocate clients turn to when their most valuable assets are on the line. His practice is centered on winning complex IP disputes in the most challenging and fast-paced forums, including U.S. District Courts nationwide, the U.S. International Trade Commission (ITC), and the Patent Trial and Appeal Board (PTAB).

A seasoned advocate, Spencer guides clients through every phase of the litigation lifecycle, from pre-suit investigation through discovery, claim construction (Markman hearings), summary judgment, trials, and appeals. He excels at translating complex technical concepts into clear, persuasive arguments. His strategic approach is valued by his clients, with one noting:

“He is really detail-oriented and is thinking outside of the box and looking at the bigger pictures to strategize.”

Client Testimonial

Thomson Reuters “Stand-out Lawyer” award nomination

Spencer’s technical acumen is deep and broad, with experience spanning a wide variety of software and computer technologies, remote monitoring/wireless networks, semiconductors, solar concentrators, cosmetic/aesthetic devices, and plastic bottles/containers. Spencer also has extensive experience in the automotive sector, including automotive experience involving:

  • Automotive Systems: Autonomous driving and Advanced Driver-Assistance Systems (ADAS), in-vehicle infotainment (IVI), telematics, electric vehicle (EV) battery technology, connected car platforms, engine and emission control, filtration/separation, turbochargers.
  • Software & Computing: Artificial intelligence (AI) and machine learning, cloud computing and SaaS architectures, mobile applications, and enterprise software solutions.

A recognized leader in handling disputes before the ITC, Spencer serves as a Chair of Foley’s ITC practice. He has an exceptional track record of successfully defending clients in Section 337 investigations. Navigating the ITC’s notoriously aggressive timelines, he has repeatedly secured victories for respondents, defeating requests for exclusion orders and preserving clients’ access to the U.S. market. Client’s appreciate Spencer’s strategic focus and prioritization of winning defenses.

Spencer’s practice encompasses the full spectrum of intellectual property. He regularly advises and represents clients in matters involving trademark and trade dress infringement, trade secret misappropriation, copyright disputes, and false advertising claims under the Lanham Act. This holistic understanding of the IP landscape allows him to develop comprehensive enforcement and defense strategies that align with clients’ broader business objectives.

Spencer previously chaired Foley’s Associates Committee.

Affiliations

  • Member of the International Trade Commission Trial Lawyers Association.

Awards and Recognition

  • Best Lawyers, Ones to Watch, Litigation – Intellectual Property Law (2025).
  • Stand-out Lawyer, Thomson Reuters (2025).
Close-up view of the bases of several white marble columns, often found in prestigious law offices, showing smooth, rounded shapes and subtle veining.
March 21, 2025 IP Litigation Current

Federal Circuit Opens the Door to Additional Domestic Industry Investment: “Ordinary Importer” No Longer

In its recent decision in Lashify, Inc. v. International Trade Commission, the Federal Circuit opened the door for patent owners to include expanded categories of domestic investment to satisfy the economic prong of the domestic industry requirement under Section 337(a)(3)(B).
December 11, 2023 In the News

Foley Attorneys Author Article on ITC Automaker and Supplier Investigations

Foley & Lardner LLP partners David Hickerson and Spencer Montei and associate Jeffrey Grinde authored an article for the World IP Review.
Gloved hands hold a computer processor above a blurred background of electronic components under blue and purple lighting, capturing the advanced technology often utilized by law offices for litigation support.
April 11, 2023 Manufacturing Industry Advisor

Automation, Electrification, and Connectivity: The Auto Industry in the ITC

Automakers and their suppliers have long been participants in unfair trade investigations before the ITC brought pursuant to 19 U.S.C. § 1337 (Section 337 investigations), but the scope and subject matter of automotive-related investigations is evolving.
February 1, 2023 Press Releases

Foley Elects 23 New Partners

Foley & Lardner LLP is proud to announce the election of 23 lawyers to its partnership, effective February 1, 2023.
Table outlining deadlines and events in weeks following submission of Rule 177 Request, including response, discussion, post-oral submissions, and anticipated ruling timelines—essential for lawyers in Chicago handling corporate law office matters.
July 26, 2022 Foley Viewpoints

Navigating The Range Of Remedial Orders At The ITC

At the end of an investigation under Title 19 of the U.S. Code, Section 1337, the U.S. International Trade Commission will issue a final determination that determines: (1) whether a violation of Section 337 has occurred, and (2) if so, the appropriate remedy.
May 26, 2022 Blogs

Foley Creates Space for Candid Conversations about Mental Health

We want people to have long and fulfilling careers at Foley & Lardner, so we are making an investment in their long-term personal and professional growth and well-being and continuing to seek new ways to foster a culture that builds relationships and humanity.