Theo Foster


Education and Clerkships

J.D., Southern Methodist University Dedman School of Law, 2007, magna cum laude; SMU Law Review Association

B.S., Chemical Engineering, University of Texas at Austin, 2000, with high honors


Texas, 2007

U.S. Patent and Trademark Office, 2005


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 industry experience to work primarily in the electrical, computing, and software fields.

Patent Defense

Theo has an active practice representing both petitioners and patent owners in inter partes review challenges and other post-grant trials before the U.S. Patent and Trademark Office. Theo has also successfully defended many post-grant trial victories at the Federal Circuit. Cases have included technologies such as:

  • Videoconferencing
  • Voice over IP
  • Captive network portals
  • Virtual private networks
  • Wireless communications
  • Power over Ethernet
  • Video on demand
  • Datacenter storage systems

Patent Acquisition and Licensing

Theo 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
  • Corporate mergers and acquisitions

Client Focus


Cisco Honors Haynes and Boone for "Excellence in Partnering"

Worldwide technology provider Cisco Systems, Inc. has selected Haynes and Boone for its Excellence in Partnering Award in recognition of the firm’s stellar results on patent litigation and related issues.

Media Mentions

Below are links to recent articles about the U.S. Patent Trial and Appeal Board (PTAB), featuring Haynes and Boone lawyers:

Law360 subscription required

Selected Client Representations

  • Wireless equipment manufacturer - prepare and file eight petitions for inter partes review that prompted a favorable settlement.
  • Medical device company - representing the patent owner, successfully obtained denial of two petitions for inter partes review.
  • Social media company - prevail in inter partes review on all claims against two patents asserted by a non-practicing entity.
  • Online meeting platform - prevail in inter partes review on all claims against three patents asserted by a non-practicing entity.
  • Datacenter solutions provider - prevail in inter partes review on all claims against one patent asserted by a non-practicing entity.
  • Communication equipment maker - prevail in inter partes review on all claims against six patents asserted by a non-practicing entity.
  • 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.
  • 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.

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