Robert C Scheinfeld

September 22, 2017 | New York Law Journal

In his Patent and Trademark Law column, Robert C. Scheinfeld writes: Many patent attorneys, having backgrounds in the hard sciences, can appreciate repeatable tests and bright-line rules. Patent law, however, is rarely clean. The Federal Circuit has illustrated this with a number of split decisions issued over the past few months.

By Robert C. Scheinfeld

8 minute read

July 25, 2017 | New York Law Journal

Patent and Trademark Law columnist Robert C. Scheinfeld reviews the Federal Circuit's recent examination of three cases to determine whether each was exceptional such that an award of attorney fees was merited in the wake of a 2014 Supreme Court decision that the Federal Circuit's standard for an exceptional case was too rigorous.

By Robert C. Scheinfeld

9 minute read

May 23, 2017 | New York Law Journal

Patent and Trademark Law columnist Robert C. Scheinfeld writes that it has been tough sledding of late for some pharmaceutical patent owners in the Federal Circuit, which invalidated three patents in recent cases. But these cases give insight on some important issues: how the circuit reviews evidence and determinations of obviousness by the Patent Trial and Appeal Board in post-grant proceedings governed by the America Invents Act, and whether the AIA changed the law regarding the "on-sale" bar by overruling prior case law as to so-called "secret sales."

By Robert C. Scheinfeld

20 minute read

March 21, 2017 | New York Law Journal

Patent and Trademark Law columnist Robert C. Scheinfeld writes: The telecommunications company Sprint has seen its profile rise recently in the area of patent law as the Federal Circuit just addressed two of Sprint's appeals challenging lower court patent infringement verdicts adverse to it, and the company achieved just this month a large damages jury verdict in a patent case against Time Warner Cable.

By Robert C. Scheinfeld

18 minute read

January 24, 2017 | New York Law Journal

In his Patent and Trademark Law column, Robert C. Scheinfeld writes: Twenty patents. That's how many were invalidated in only three decisions in the last few weeks alone. Patent practitioners cannot be blind to the enormous impact the U.S. Supreme Court's decision in 'Alice Corp.' has had on narrowing the scope of available patentable subject matter, rendering quite uncertain whether patents directed to computerized business methods or ways of conducting transactions over the Internet, by way of example only, will ever survive scrutiny.

By Robert C. Scheinfeld

20 minute read

November 23, 2016 | New York Law Journal

Patent and Trademark columnist Robert C. Scheinfeld examines the Federal Circuit's findings in 'Apple vs. Samsung.' Practitioners will find particularly helpful guidance in the majority's analysis—especially what qualifies as "substantial evidence" upon which a jury may rely in finding on the merits and whether a patented invention should be deemed obvious and unworthy of protection.

By Robert C. Scheinfeld

20 minute read

September 29, 2016 | New York Law Journal

Robert C. Scheinfeld, in his Patent and Trademark Law column, discusses two precedential decisions issued by the U.S. Court of Appeals for the Federal Circuit within the last several weeks, on the topics of inventorship (how does one qualify as an inventor?) and patent-eligible subject matter (what is too abstract to qualify for a patent?).

By Robert C. Scheinfeld

19 minute read

July 26, 2016 | New York Law Journal

In his Patent and Trademark Law column, Robert C. Scheinfeld writes: Within the last month, the U.S. Supreme Court bolstered the strength and attractiveness of inter partes review conducted by the Patent Trial and Appeal Board and provided greater district court discretion for determining willful infringement and enhancing damages in patent cases.

By Robert C. Scheinfeld

24 minute read

May 25, 2016 | New York Law Journal

In his Patent and Trademark Law column, Robert C. Scheinfeld writes: Recognizing the importance of patents to the U.S. economy, and keen on keeping the Federal Circuit in check, the U.S. Supreme Court has, just within the last two months, granted another two patent related petitions—one involving whether the laches defense applies to pre-filing damages claims in patent cases, and the other involving the damages calculation in design patent cases.

By Robert C. Scheinfeld

10 minute read

March 24, 2016 | New York Law Journal

In his Patent and Trademark Law column, Robert C. Scheinfeld writes: There are many keys to establishing liability in a patent case, but should the dispute reach trial, the determinative question of infringement is typically the issue the fact-finder will decide first. And, in the last several weeks, the Federal Circuit reminded all practitioners that proving patent infringement, even though this threshold question need only be established by a preponderance of the evidence, is no easy task.

By Robert C. Scheinfeld

13 minute read