Scott Forman

Scott Forman is based out of our New York office, and focuses his practice primarily on patent litigation. He has significant experience in all stages of litigation including drafting pleadings, working on fact and expert discovery, and preparing pretrial filings.

Recent Posts

PTAB to Petitioners:  Don’t Hold Back

Posted by Scott Forman on Mar 30, 2017

Scott Forman

An IPR petitioner may, by request, and at the PTAB’s discretion, join another party’s prior filed IPR [1]. A petitioner may seek to join an IPR to avoid the bar to filing more than one year after service of a complaint alleging infringement or to ensure the petitioner can continue its IPR if the parties to the prior filed IPR settle. If the petitioner’s challenge is substantially the same as that in the earlier IPR, it weighs in favor of joinder [2]. Parties often copy the petitions from prior filed IPRs to facilitate joinder. 

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This blog is intended to promote thought and debate on developing areas of the law. The opinions, commentary and characterizations of cases provided on this blog are not legal advice and do not represent the opinions of Wolf Greenfield or its clients.