• Biography

    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.

    Selected Publications and Speeches

    • “Good for the Gander: Patent Owners Face IPR Estoppel, Too,” co-author, The Patent Law. 8-10, Sep.-Oct. 2020.
    • “It's OK to (Silently) Disagree With Proposed Claim Constructions in an IPR,” co-author, Westlaw Today, September 24, 2020.
    • “Know Your Limits,” co-author, Intell. Prop. Mag. 54-56 (June 2020).
    • “Join the Party” (analysis of the Federal Circuit’s Facebook, Inc. v. Windy City Innovations decision), co-author, Intell. Prop. Mag. 56-57 (May 2020).
    • “PTAB Discretionary Institution and Parallel Petitions,” co-author, The Patent Law 30-32 (Mar.-Apr. 2020).
  • 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
  • Admissions

    • Texas
    • U.S. Patent and Trademark Office