Theo Foster assists clients defending against asserted patents in a variety of ways. Although his undergraduate degree is in chemical engineering, Theo draws on his experience to work primarily in the electrical and computing fields.
Theo is already active in several inter partes review trials, a new procedure before the U.S. Patent and Trademark Office that became available in September 2012. Theo also has extensive experience in preparing and participating in inter partes reexaminations before the Office, including appeals to the Patent Trial and Appeal Board and the Federal Circuit. He has drafted reexamination requests and worked on cases involving:
- voice over IP,
- captive network portals,
- virtual private networks,
- wireless networking,
- power over Ethernet,
- video on demand,
- datacenter storage systems, and
- residential wireless routers.
Patent Acquisition and Licensing
Theo also works with clients to review and pursue patent purchase and licensing opportunities, obtaining freedom to operate at the lowest possible cost. Opportunities and offers come from:
- open market offers and auctions,
- private broker placements,
- defensive aggregators such as AST and RPX, and
- corporate mergers and acquisitions.
Selected Client Representations
- Defense group including several instant communication companies – draft and prosecute request for inter partes reexamination. The patent owner's efforts to distinguish the prior art in reexamination led to a grant of summary judgment of non-infringement in litigation.
- Consumer electronics company – draft and prosecute request for inter partes reexamination on two related patents. While the litigation was stayed, the Patent Office found all claims of both patents invalid.
- Specialized semiconductor manufacturer – draft petition for inter partes review.
- Global networking equipment provider – prosecute inter partes reexamination through an appeal to the Federal Circuit, resulting in a published opinion.
- Established Silicon Valley company - evaluate numerous patent acquisition opportunities that the company receives every month.