Dr. David Forman practices patent prosecution and litigation in a wide range of technologies, including biotechnology, immunology, pharmaceuticals, diagnostic devices and methods, and medical devices.
For 16 years Dr. David Forman was a research scientist in U.S. government laboratories and taught at a medical school, The Uniformed Services University of the Health Sciences. After becoming a lawyer he clerked for the Hon. Oscar H. Davis at the United States Court of Appeals for the Federal Circuit. Dr. Forman then joined the law firm of Finnegan, Henderson, Farabow, Garrett & Dunner in Washington, D.C. where he practiced for 27 years and became a partner.
Dr. Forman focuses his practice on biotechnology and pharmaceuticals encompassing a variety of disciplines, including litigation, interferences, prosecution, appeals, and opinion work. His practice also includes counseling clients on the interface between the Food and Drug Administration and patent law. He has extensive experience in writing and prosecuting patent applications and in interference proceedings before the U.S. Patent and Trademark Office. He has prepared appellate briefs, both for parties and amicus briefs, for the U.S. Court of Appeals for the Federal Circuit and the U.S. Supreme Court.
Dr. Forman’s practice encompasses international work. He has advised foreign companies about U.S. intellectual property law, been involved in foreign litigations, and has helped U.S. companies to obtain foreign patents corresponding to U.S. applications.
Dr. Forman’s knowledge about numerous scientific fields, including physiology, biology, pharmacology, and neurobiology has made a significant technical contribution to his practice. He authored numerous scientific articles in the fields of cell biology and neurobiology and has significant experience teaching, lecturing, and writing about scientific issues.
- District of Columbia Bar
- U.S. District Court for the District of Columbia
- U.S. Court of Appeals for the Federal Circuit
- U.S. Supreme Court
- U.S. Court of Veterans Claims
- U.S. Patent and Trademark Office
- Filed amicus brief in the U.S. Court of Appeals for the Federal Circuit for the Biotechnology Industry Organization (BIO) in the appeal of Eli Lilly and Company v. Teva Parenteral Medicines, Inc. et al. (June 2016).
- Wrote, prosecuted, and/or supervised prosecution of patents on small molecule pharmaceuticals for multiple clients, including Hoechst AG and its successors.
- Wrote freedom to operate and validity opinions regarding small molecule pharmaceuticals.
- Wrote, prosecuted, and/or supervised prosecution of patents on biological and protein pharmaceuticals.
- Participated in patent litigation (Hatch-Waxman ANDA litigation) defending patents covering several important drugs, including Prozac®, Zyprexa®, Evista®, and Cymbalta®.
- Participated at district court and Federal Circuit appeals of cases setting important precedents affecting pharmaceutical and other patents, including Ariad Pharmaceuticals et al. v. Eli Lilly and Company, 598 F.3d 1336 (Fed. Cir. 2010)(en banc).
- Helped to obtain the longest patent term extension ever granted for a small molecule drug, (Trental®), Hoechst Aktiengesellschaft v. Quigg, 917 F. 2d 522 (Fed. Cir. 1990).
- Assisted in drafting amicus briefs to Federal Circuit and Supreme Court regarding patent eligible subject matter relevant to pharmaceuticals and diagnostic methods.
- Wrote, prosecuted, and/or supervised prosecution of patents on diagnostic methods and diagnostic devices. One representative client was Siemens Healthcare Diagnostics. Played a major role in an interference determining the inventorship of the basic patent covering monoclonal antibody sandwich assays.
PROFESSIONAL ACTIVITIES AND MEMBERSHIPS
- PTAB Bar Association
- Federal Circuit Bar Association
- American Bar Association
- American Intellectual Property Law Association
- Giles S. Rich American Inn of Court
- Court of Appeals for the Federal Circuit Historical Society
- Society for Neuroscience
- Frequent lecturer in the U.S., Asia, and Europe on developments in U.S. patent law
- Taught patent law at the Catholic University Columbus School of Law, 2000-2003
- George Washington University, National Law Center, J.D., with highest honors, 1987
- Frank Knox Fellow, a one year fellowship awarded by Harvard College to study advanced physiology at Cambridge University, England, 1964-1965
- Rockefeller University, Ph.D., Neurobiology and Cell Biology, 1971
- Harvard University, B.A., Psychology, summa cum laude with highest honors, 1964
- USPTO's Administrative Patent Judges Not Constitutionally Appointed
- The Wisdom of Athena: Justices Criticize Current State of Patent Eligibility for Diagnostic Methods
- Supreme Court Curtails Judicial Deference to Agency Interpretations of Their Own Regulations
- Challenging Deference: An Analysis of Kisor v. Wilkie before the Supreme Court
- Powerful Technique Promises to Revolutionize Biotechnology
- Written Description a Problem for Biological Drugs
- How Enablement is Determined
- Why Does the U.S. Supreme Court Keep Reversing the Federal Circuit?
- Broad Standard of Infringement for Method Claims Upheld in Lilly v. Teva
- Recent USPTO Roundtables Explore Patent Subject Matter Eligibility
- U.S. Supreme Court to Decide Whether Laches Applies in Patent Cases
- Recent CAFC Decision Clarifies the "On-Sale" Bar
- Intellectual Property Protection of 3D Printed Medical Implants
- Author, “The Myth of ‘Trivial’ Drug Patents,” IP Watchdog, May 2018.
- Author, “7 Tips for Writing an Effective Amicus Brief,” Law360, June 2016.
- Author, “Patent Difficulties for 3-D Printed Medical Implants,” Law360, May 2016.