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 pre-law school experience in IT consulting to work with technologies in the electrical, computing, and software fields.

Patent Defense

Theo represents both petitioners and patent owners in inter partes review challenges and other post-grant trials before the U.S. Patent and Trademark Office. Cases have included technologies such as:

Videoconferencing
Surgical implants
Server virtualization
Multicarrier communication systems
Voice over IP
Virtual private networks
Video on demand
Datacenter storage systems

Federal Circuit Appeals

Theo regularly represents companies in appeals at the Federal Circuit, including arguing before the Court on six occasions so far in 2019.

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.

Bar Admissions
Texas, U.S. Patent and Trademark Office

Education
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

Significant Accomplishments
Wireless equipment manufacturer - prepare and file eight petitions for inter partes review that prompted a favorable settlement.
Social media company - prevail in inter partes review on all claims against a patent asserted by a non-practicing entity.
Medical device company - representing the patent owner, successfully obtained denial of institution on four petitions for inter partes review.
Social media company - prevail in inter partes reexamination 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.
Communication equipment maker – negotiate favorable terms for a license to another operating company’s patent portfolio.
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.