David W. Foster
Credentials:
JD University of Illinois College of Law 2007
BS Math/Computer Science University of Illinois 2001
Legal Experience:
Intellectual property attorney experienced in patent drafting and prosecution
Extensive experience in the procurement of patents involving software, mobile, cloud, networking, electronics, aerospace technologies, medical devices, mechanical and electromechanical systems
Three years of industry experience as a software engineer
Admissions/Affiliations:
Admitted in State of Washington
Admitted before the USPTO
News & Announcements
9/5/2019:
Dale Barr gave a CLE presentation entitled “2019 Revised Patent Subject Matter Eligibility Guidance ” to the attorneys and licensing personnel of the University of Colorado’s Venture Partners (formerly Technology Transfer Office) in Boulder, Colorado. The presentation covered recent developments in patentable subject matter during US patent prosecution, including the USPTO’s new two prong approach to establishing patent eligible subject matter under Step 2A, and the Federal Circuit’s recent decision in Berkheimer and its impact upon Step 2B.
4/10/2019:
Dale Barr gave a CLE webinar presentation through The Knowledge Group entitled “USPTO’s New Patent-Eligible Subject Matter Guidance: What Patent Practitioners Can Do Now ” to a nationwide audience of attorneys and agents. The presentation covered the new subject matter eligibility guidance published by the USPTO in January 2019.
7/31/2018:
Federal Circuit’s recent reversal of the District Court’s invalidation of asserted patents in Zeroclick, LLC v. Apple, Inc potentially improves the strength of software patents and marks an important re-balancing of the Federal Circuit’s earlier decision in Williamson v. Citrix Online by re-emphasizing the presumption that 112(f) does not apply when the term “means” is not used in conjunction with functional language.
6/15/2018:
U.S. Patent Office issues “Vanda Memo” to clarify how the USPTO is determining subject matter eligibility following the decision in Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals, and specifically, provides guidance as to whether claims are “directed to” a judicial exception.
4/30/2018:
U.S. Patent Office issues “Berkheimer Memo” to clarify how the USPTO is determining subject matter eligibility following the decision in Berkheimer v. HP, Inc., and specifically, provides guidance as to whether an additional element (or combination of elements) represent well-understood, routine, or conventional activity.
11/5/2015:
Congratulations to Lowell L. Wood, Jr. for becoming the most prolific inventor in U.S. history! Dr. Wood recently surpassed Thomas Edison’s record with the granting of Wood’s 1,085th patent by the US Patent and Trademark Office. To mark this very special occasion, the inventor-in-residence of our client Intellectual Ventures was recently profiled by Bloomberg Businessweek’s Ashlee Vance, who noted of Lowell, “The scope of his inventions is insane… he’s just this guy who is compelled to solve problems and invent new ideas.”
