Robert C Scheinfeld

January 26, 2016 | New York Law Journal

In his Patent and Trademark Law column, Robert C. Scheinfeld writes: One of the attributes of a well-respected tribunal is the establishment of helpful precedent to reduce uncertainty and foster consistency, along with the ability to recognize error and grant requests for rehearing. Recent decisions of the Patent Trial and Appeal Board illustrate such attributes.

By Robert C. Scheinfeld

9 minute read

November 30, 2015 | New York Law Journal

In his Patent and Trademark Law column, Robert C. Scheinfeld analyzes two decisions this month in which the Federal Circuit made it clear that patents must sufficiently counter obviousness attacks focused on the differences between the claimed invention and the prior art, and whether one of skill in the art would be motivated, based on individual prior art disclosures, to make modifications, alterations and/or combinations, to achieve the claimed invention.

By Robert C. Scheinfeld

9 minute read

November 27, 2015 | New York Law Journal

In his Patent and Trademark Law column, Robert C. Scheinfeld analyzes two decisions this month in which the Federal Circuit made it clear that patents must sufficiently counter obviousness attacks focused on the differences between the claimed invention and the prior art, and whether one of skill in the art would be motivated, based on individual prior art disclosures, to make modifications, alterations and/or combinations, to achieve the claimed invention.

By Robert C. Scheinfeld

9 minute read

September 21, 2015 | New York Law Journal

In his Patent and Trademark Law column, Robert C. Scheinfeld writes that the Federal Circuit, hearing the call of the Supreme Court, has answered the question of when the acts of one person or entity are attributable to another such that "a single entity is responsible for infringement."

By Robert C. Scheinfeld

6 minute read

September 18, 2015 | New York Law Journal

In his Patent and Trademark Law column, Robert C. Scheinfeld writes that the Federal Circuit, hearing the call of the Supreme Court, has answered the question of when the acts of one person or entity are attributable to another such that "a single entity is responsible for infringement."

By Robert C. Scheinfeld

6 minute read

July 22, 2015 | New York Law Journal

In his Patent and Trademark Law column, Robert C. Scheinfeld writes that the first appeals from the relatively new Patent Trial and Appeal Board under the Leahy-Smith America Invents Act illuminate the Federal Circuit's general respect for the PTAB and Congress' "carefully crafted" balance between its desire for prompt and efficient review at the Patent and Trademark Office, against the necessary recognition of the traditional role of judicial review of agency action.

By Robert C. Scheinfeld

11 minute read

July 22, 2015 | New York Law Journal

In his Patent and Trademark Law column, Robert C. Scheinfeld writes that the first appeals from the relatively new Patent Trial and Appeal Board under the Leahy-Smith America Invents Act illuminate the Federal Circuit's general respect for the PTAB and Congress' "carefully crafted" balance between its desire for prompt and efficient review at the Patent and Trademark Office, against the necessary recognition of the traditional role of judicial review of agency action.

By Robert C. Scheinfeld

11 minute read

May 27, 2015 | New York Law Journal

In his Patent and Trademark Law column, Robert C. Scheinfeld discusses the case of 'In re Simon Shiao Tam,' which the Federal Circuit has agreed to rehear en banc, and Federal Circuit Judge Kimberly Moore's "additional views" from the panel decision in that case proclaiming that it "is time for this Court to revisit McGinley's holding on the constitutionality of §2(a) of the Lanham Act."

By Robert C. Scheinfeld

8 minute read

May 26, 2015 | New York Law Journal

In his Patent and Trademark Law column, Robert C. Scheinfeld discusses the case of 'In re Simon Shiao Tam,' which the Federal Circuit has agreed to rehear en banc, and Federal Circuit Judge Kimberly Moore's "additional views" from the panel decision in that case proclaiming that it "is time for this Court to revisit McGinley's holding on the constitutionality of §2(a) of the Lanham Act."

By Robert C. Scheinfeld

8 minute read

March 25, 2015 | New York Law Journal

In his Patent and Trademark Law column, Robert C. Scheinfeld analyzes a recent decision in which the Federal Circuit pondered whether a patent claim's preamble should act as a component of, and effectively limit the scope of, the claimed invention.

By Robert C. Scheinfeld

7 minute read