Theo Foster

Practices

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

Bar Admissions

Texas, 2007

U.S. Patent and Trademark Office, 2005

Profile

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, computing, and software fields.

Patent Defense

Theo has an active practice representing clients in inter partes review challenges and other post-grant trials before the US Patent and Trademark Office. In addition to arguing several oral hearings, Theo has also handled appeals from the Patent Trial and Appeal Board to the Federal Circuit. The technologies involved in Theo's inter partes review and reexamination cases include:

  • voice over IP
  • captive network portals
  • virtual private networks
  • wireless networking
  • power over Ethernet
  • video on demand
  • datacenter storage systems
  • residential wireless routers

Patent Prosecution, 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
  • corporate mergers and acquisitions

Theo also works with clients to grow their patent portfolios organically by drafting and prosecuting new patent applications.

Patent Trials

Firms Claim Bragging Rights in New Field of Patent Litigation

Firms Claim Bragging Rights in New Field of Patent Litigation

If there really is a death squad for patents, it may not be found at the Patent Trial and Appeal Board. A more likely location is the Richardson, Texas, office of David O’Dell, chairman of Haynes and Boone’s patent trials practice group...

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.

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