Robert C Scheinfeld

May 30, 2002 | New York Law Journal

In a unanimous opinion issued Tuesday, May 28, 2002, the U.S.States Supreme Court vacated a controversial opinion by the Court of Appeals for the Federal Circuit relating to the scope of patent protection and more specifically to prosecution history estoppel and the doctrine of equivalents, two patent law concepts at issue in most patent infringement law suits. The Court rejected the Federal Circuit`s per se rule that prosecution history estoppel acts as a complete bar to any range of equivalents, contendin

By Robert C. Scheinfeld And Kimberly J. Mcgraw

7 minute read

March 25, 2003 | New York Law Journal

By Robert C. Scheinfeld And Parker H. Bagley

11 minute read

September 26, 2007 | New York Law Journal

Robert C. Scheinfeld, a partner at Baker Botts, and Parker H. Bagley, a partner at Milbank Tweed, Hadley & McCloy, write that on Aug. 20, 2007, the Federal Circuit abandoned almost 25 years of willful infringement jurisprudence. Instead of needing to show that the accused merely acted negligently, the patentee must now show that the infringer acted despite an obvious and objectively high likelihood that its actions would constitute infringement of a valid patent.

By Robert C. Scheinfeld and Parker H. Bagley

7 minute read

September 27, 2006 | New York Law Journal

Robert C. Scheinfeld, a partner at Baker Botts, and Parker H. Bagley, a partner at Milbank Tweed, Hadley & McCloy, write that the current Supreme Court has distinguished itself from its predecessor courts in its willingness to tackle sophisticated patent cases. The Roberts Court has already granted certiorari in several patent cases, issued a decisive opinion in one instance, and is awaiting arguments in two heated patent disputes. The results of these cases will shape the role of patents for years to come.

By Robert C. Scheinfeld and Parker H. Bagley

14 minute read

January 28, 2009 | New York Law Journal

Robert C. Scheinfeld, a partner at Baker Botts, and Parker H. Bagley, a partner at Goodwin Procter, review the Federal Circuit's game-changing decision in In re TS Tech USA Corp., TS Tech North America Inc. and TS Tech Canada Inc., where the court granted a petition for a writ of mandamus directing the Eastern District of Texas, a hotbed of patent litigation activity, to vacate an order denying transfer and to instead transfer a case it desired to keep to another district.

By Robert C. Scheinfeld and Parker H. Bagley

7 minute read

March 25, 2003 | New York Law Journal

By Robert C. Scheinfeld And Parker H. Bagley

11 minute read

January 26, 2011 | New York Law Journal

In their Patent and Trademark Law column, Robert C. Scheinfeld and Parker H. Bagley, respectively of Baker Botts and Goodwin Procter, discuss three major patent cases being briefed on appeal and speculate on how the Supreme Court will rule.

By Robert C. Scheinfeld and Parker H. Bagley

11 minute read

September 28, 2005 | New York Law Journal

Robert C. Scheinfeld, head of the intellectual property group at Baker Botts, and Parker H. Bagley, partner at Milbank Tweed, Hadley & McCloy, write that as technology companies expand their development, use and sale of complex software to all corners of the globe, it becomes extremely important to understand the boundaries of U.S. Patent Law. Three recent Federal Circuit cases address cross-border patent infringement and should be of special interest to today's innovators.

By Robert C. Scheinfeld and Parker H. Bagley

13 minute read

September 19, 2011 | New York Law Journal

In their Patent and Trademark Law column, Robert C. Scheinfeld, a partner at Baker Botts, and Parker H. Bagley, a partner at Goodwin Procter, write that after years of debate, Congress finally passed, and the President signed, the "Leahy-Smith America Invents Act," the most comprehensive overhaul of the patent statute since it was enacted in 1952. They summarize its key provisions, including the statute's new "first to file" system, derivation, post-grant review and supplemental examination procedures, and new rules affecting litigation tactics and strategy.

By Robert C. Scheinfeld and Parker H. Bagley

13 minute read

July 27, 2011 | New York Law Journal

In their Patent and Trademark Law column, Robert C. Scheinfeld of Baker Botts and Parker H. Bagley of Goodwin Procter review a decision in which the Federal Circuit, by tightening the intent requirement and espousing a new "but-for" materiality standard, seemingly attempts to reduce the number of inequitable conduct cases "plaguing" the courts.

By Robert C. Scheinfeld and Parker H. Bagley

10 minute read