Robert C Scheinfeld

September 16, 2011 | New York Law Journal

Robert C. Scheinfeld of Baker Botts and Parker H. Bagley of Goodwin Procter report that today, September 16, 2011, President Obama signed H.R. 1249, the "Leahy-Smith America Invents Act" passed by the Senate, 89-9, the week before.

By Robert C. Scheinfeld

2 minute read

January 27, 2005 | Law.com

The Federal Circuit has been busy over the last few months ruling on patent cases involving expert testimony, territorial reach and challenges to Patent Office practices. Also recently, the U.S. Supreme Court has ruled that an alleged trademark infringer does not bear the burden of negating likelihood of confusion. This practice paper discusses in detail these important cases.

By Robert C. Scheinfeld and Parker H. Bagley

10 minute read

November 23, 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 the new gTLDs will open up a brave new world in cyberspace, but such rights and abilities come at a steep price and a commitment to responsibilities well outside the typical brand owner's expertise.

By Robert C. Scheinfeld and Parker H. Bagley

7 minute read

November 28, 2012 | New York Law Journal

In their Patent and Tradematk Law column, Robert C. Scheinfeld, a partner at Baker Botts, and Parker H. Bagley, a partner at Goodwin Procter, analyze a recent decision holding that liability for inducing infringement of a method patent claim may be found where no single party is shown to have underlying personal or vicarious liability for direct infringement.

By Robert C. Scheinfeld and Parker H. Bagley

7 minute read

November 29, 2004 | Law.com

In recent months, there have been significant rulings in Internet trademark law. The 9th Circuit held that certain search engines' "keying" practices may result in initial interest confusion. The 6th Circuit found that an online directory did not infringe another directory due to the descriptive nature of the latter's mark, which lacked secondary meaning. And the 6th and 5th circuits held that "gripe sites" lacked the requisite profit motive to fall within anti-dilution provisions.

By Robert C. Scheinfeld and Parker H. Bagley

14 minute read

July 24, 2013 | New York Law Journal

In their Patent and Trademark Law column, Robert C. Scheinfeld of Baker Botts and Parker H. Bagley of Boies, Schiller & Flexner write: On May 10, the Federal Circuit, sitting en banc, issued a highly divided decision in 'CLS Bank v. Alice Corp.' Although a majority of the court affirmed the invalidity of the computer-related patent at issue, it could not agree on reasoning, instead providing seven different views as to why the invalidated claims were not patent eligible. What then is the impact of 'CLS Bank'?

By Robert C. Scheinfeld and Parker H. Bagley

9 minute read

March 28, 2012 | 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 the Supreme Court invalidated patents covering a method for monitoring a patient's blood to determine the best dosage for a drug, ruling that companies could not patent observations about a natural phenomenon.

By Robert C. Scheinfeld and Parker H. Bagley

8 minute read

September 26, 2012 | 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, discuss provisions of the Leahy-Smith America Invents Act that became effective last week, the regulations issued recently for implementing them, and a recent Federal Circuit decision that changed the law related to induced infringement.

By Robert C. Scheinfeld and Parker H. Bagley

13 minute read

November 29, 2004 | Law.com

In recent months, there have been significant rulings in Internet trademark law. The 9th Circuit held that certain search engines' "keying" practices may result in initial interest confusion. The 6th Circuit found that an online directory did not infringe another directory due to the descriptive nature of the latter's mark, which lacked secondary meaning. And the 6th and 5th circuits held that "gripe sites" lacked the requisite profit motive to fall within anti-dilution provisions.

By Robert C. Scheinfeld and Parker H. Bagley

14 minute read

September 25, 2013 | New York Law Journal

In their Patent and Trademark Law, Robert C. Scheinfeld, a partner at Baker Botts, and Parker H. Bagley, of counsel with Boies, Schiller & Flexner, write: One might think that the issue of what qualifies as patentable subject matter has long been resolved by either the Federal Circuit or the Supreme Court, particularly since the patent statute itself is explicit on the subject, and has been since 1952. One would be wrong.

By Robert C. Scheinfeld and Parker H. Bagley

9 minute read