Search Results for: David Forman


19

Jan 2016

Osha Liang Welcomes IP Attorney David S. Forman to Our Washington, DC Office

WASHINGTON and HOUSTON, Jan. 19, 2016 /PRNewswire/ — Intellectual property attorney David S. Forman, whose practice focuses on patent prosecution, litigation and counseling, has joined Osha Liang LLP as senior counsel in the firm’s Washington, D.C.-area office. Dr. Forman has a wide range of scientific and legal experience with matters involving biotechnology, immunology, pharmaceuticals, organic chemistry, diagnostic devices and methods, and medical devices. He was…

Read More


10

Dec 2019

USPTO’s Administrative Patent Judges Not Constitutionally Appointed

By David Forman The Appointments Clause of the U.S. Constitution governs the appointment of “Officers of the United States.”  U.S. Const. art. II, §2, cl. 2 provides: [The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments…

Read More


06

Sep 2019

The Wisdom of Athena: Justices Criticize Current State of Patent Eligibility for Diagnostic Methods

By David Forman and James Carlson 繁體中文 Some of the most difficult problems in patent law today concern what can be patented.  Patent-eligible subject matter is defined in 35 USC § 101, but the Supreme Court has added some exceptions for abstract ideas, laws of nature, and natural phenomena.  These have led to controversy and uncertainty about what inventions can be protected by patents.  This…

Read More


05

Aug 2019

Supreme Court Curtails Judicial Deference to Agency Interpretations of Their Own Regulations

By David Forman 繁體中文 Regulations promulgated by administrative agencies sometimes have more than one reasonable interpretation. For example, a regulation may be ambiguous due to circumstances that were not anticipated when the regulation was originally written.  When confronted with an ambiguous regulation, Federal courts accept (“defer to”) an agency’s interpretation of its own regulations as long as the interpretation is based on a permissible construction…

Read More


03

Jun 2019

Challenging Deference: An Analysis of Kisor v. Wilkie before the Supreme Court

By David Forman 繁體中文 An obscure veteran’s appeal that has reached the Supreme Court of the United States may have a profound affect on administrative law.  Kisor v. Wilkie, on appeal from the United States Court of Appeals Federal Circuit, challenges the way courts treat a federal agency’s interpretations of its own rules. Although Congress makes the laws, there are always gaps in administering the…

Read More


01

Oct 2018

Powerful Technique Promises to Revolutionize Biotechnology

By: David Forman A powerful technique promises to revolutionize biotechnology.  With the clumsy name of CRISPR-Cas9, this method enables rapid and convenient editing of genes with potential applications for medicine, agriculture, and other technologies.  The Federal Circuit recently resolved a dispute over patent rights to this gene-editing method.[1]  The competing parties were a group in Boston (The Broad Institute, MIT, and Harvard) (“Broad”) and the…

Read More


31

Mar 2017

Why Does the U.S. Supreme Court Keep Reversing the Federal Circuit?

By: David Forman The ultimate court of appeal in U.S. patent law is the Supreme Court, but throughout most of its history the Court decided relatively few patent cases, none at all in some years.  That pattern continued after 1982, when all patent appeals were moved to a single appellate court, the United States Court of Appeals for the Federal Circuit.  But then, in 2005, the…

Read More


30

Jan 2017

Broad Standard of Infringement for Method Claims Upheld in Lilly v. Teva

By: David Forman Patented methods often include steps that can be performed by more than one party.  Until recently, if more than one party performed at least one of the method steps (divided infringement), it precluded establishing infringement, since the well-established rule has been that for direct infringement under 35 U.S.C. § 271(a), all steps of the patented method had to be performed by the same…

Read More


28

Dec 2016

Recent USPTO Roundtables Explore Patent Subject Matter Eligibility

By: David Rosenblitt and David Forman Patent law in the US has been shaken in recent years by Supreme Court decisions holding that several kinds of inventions are not eligible for patents[1], relying on the judicially created concept that laws of nature, natural phenomena, and abstract ideas cannot receive patents. The result of these decisions is that it very difficult or impossible to patent computer…

Read More


05

Jul 2016

Osha Liang Files Amicus Brief for Biotechnology Innovation Organization

By: Dr. David S. Forman Osha Liang Senior Counsel, Dr. David Forman, has filed an amicus brief for the Biotechnology Innovation Organization (BIO) at the U.S. Court of Appeals for the Federal Circuit in the appeal of Eli Lilly and Company v. Teva Parenteral Medicines, Inc. et al, the first case in which the Federal Circuit will apply its new rule governing divided infringement.  The…

Read More


09

Jun 2016

7 Tips for Writing an Effective Amicus Brief

By: David S. Forman, Ph.D. A nagging doubt haunts those who file amicus briefs: Once the brief enters the black hole of the appellate court, will its arguments receive serious consideration? Indeed, will anyone even read the brief?  Senior Counsel, David S. Forman, Ph.D., presents seven tips for writing an effective amicus brief. To read the full article published by Law360, click here.


20

May 2016

Retirement Congratulations to Dr. Chyau Liang

Dr. Chyau Liang, named partner of Osha Liang LLP, will be retiring from the firm this month after a long and distinguished career as a scientist, a professor, and an intellectual property attorney. Dr. Liang received his bachelor’s degree in pharmaceutical sciences from National Taiwan University in 1977.  After a couple years of working as a pharmacist in Taiwan, he moved to the United States…

Read More


20

May 2016

Intellectual Property Protection of 3D Printed Medical Implants

By: David S. Forman Senior Counsel, David S. Forman, Ph.D., discusses how 3D printing is revolutionizing manufacturing in ways that will change our economy and lives.  For example, few realize that almost all in-ear hearing aids are now made by 3-D printing, with more than 10,000,000 pairs sold.  3D printing raises unique intellectual property issues.  For example, 3D printers eliminate barriers to entry in manufacturing because they enable…

Read More


24

Nov 2017

Written Description a Problem for Biological Drugs

By: David S. Forman, Ph.D. Half of the ten biggest selling pharmaceuticals are biological drugs based on monoclonal antibodies.  Monoclonal antibodies are made by growing clones of a large number of single antibody-producing cells, and then screening the clones to find cells making antibodies that specifically bind to a desired target molecule, called an “antigen.”  Typically, this screening yields several monoclonal antibodies that have the…

Read More


15

Oct 2017

How Enablement is Determined

By: David S. Forman For a patent to be valid, the description of the invention in the patent must describe “the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same.”  35…

Read More


28

Oct 2016

U.S. Supreme Court to Decide Whether Laches Applies in Patent Cases

By: David S. Forman A key principle of our U.S. legal system is that it is unfair to defendants for a plaintiff to launch a suit after too much time has passed, when evidence may be lost, memories have faded, and witnesses may have disappeared.  One mechanism to promote fairness is a statute of limitations, a rule that a defendant will not be held liable…

Read More


25

Jul 2016

Recent CAFC Decision Clarifies the “On-Sale” Bar

By: David S. Forman, Ph.D. Patent applicants and owners have sometimes been surprised to find their patent endangered by prior art that is not a publication or patent.  One such type of invalidating prior art, often characterized as a “trap for the unwary,” is an “on-sale bar.”  There are actually two forms of the on-sale bar, depending whether the patent application has an effective filing date before…

Read More