Theodore M. Foster

Theodore M. Foster is a Partner in the Intellectual Property Practice Group at Haynes and Boone, LLP, with a focus on patent litigation and post-grant proceedings. His practice primarily involves complex technologies across electrical, computing, and software fields. Specifically, he handles matters related to wireless communications, including 3G, 4G, 5G cellular, Bluetooth, and IEEE 802.11 WiFi standards, as well as server virtualization, datacenter storage systems, and surgical implants. His technical background includes a B.S. in Chemical Engineering and prior experience in IT consulting.

Mr. Foster primarily defends operating companies against asserted patents, frequently leveraging inter partes review (IPR) and other post-grant trials before the Patent Trial and Appeal Board (PTAB) at the U.S. Patent and Trademark Office. He represents both petitioners and patent owners in these proceedings and has been recognized as one of the "Top 100 Most Active Attorneys" representing petitioners. His case experience includes acting as Petitioner Counsel for Cisco Systems, Inc. in Cisco Systems, Inc. v. Quicker Connections LLC.

He has achieved notable outcomes, including preparing and filing eight IPR petitions for a wireless equipment manufacturer that led to a favorable settlement. He also successfully prevailed in an IPR for a social media company against a non-practicing entity and represented a global networking equipment provider in prosecuting an inter partes reexamination through an appeal to the Federal Circuit, resulting in a published opinion. Additionally, he successfully obtained denials of institution on four IPR petitions while representing a medical device company as the patent owner.

Mr. Foster earned his J.D. magna cum laude from Southern Methodist University Dedman School of Law in 2007 and his B.S. with high honors in Chemical Engineering from The University of Texas at Austin in 2000. He is admitted to practice in Colorado, Texas, and before the U.S. Patent and Trademark Office.