Robert C Scheinfeld

April 15, 2005 | Law.com

In recent months, the Federal Circuit has decided two cases that may indicate its inclination to take a more expansive view of the "experimental use" exception to invalidity based on public use. And on the trademark front, the 2nd Circuit recently held that the original Cohiba cigar trademark had gone up in smoke, at least in the United States.

By Robert C. Scheinfeld and Parker H. Bagley

13 minute read

July 23, 2008 | New York Law Journal

Robert C. Scheinfeld, a partner at Baker Botts, and Parker H. Bagley, a partner at Milbank Tweed, Hadley & McCloy, review the recent Southern District ruling that eBay Inc. was not liable for trademark infringement, unfair competition, false advertising or trademark dilution by allowing counterfeit Tiffany products to be sold by individual sellers on eBay's Web site.

By Robert C. Scheinfeld and Parker H. Bagley

6 minute read

January 22, 2002 | New York Law Journal

I n the field of patent law, where the United States Patent and Trademark Office (PTO) awards patents to those who are first to invent (and not necessarily to those who are first to file applications), it is advantageous for inventors to describe or otherwise memorialize their inventions in a laboratory notebook or workbook, or in another retrievable document typically called the "invention record" or "record of invention."

By Robert C. Scheinfeld And Parker H. BagleyAre Records Of Invention Produceable In Litigation?

12 minute read

November 25, 2009 | New York Law Journal

Robert C. Scheinfeld, apartner at Baker Botts, and Parker H. Bagley, a partner at Goodwin Procter, write: "The Second Circuit now has the opportunity to clarify this area of the law as it decides whether the Southern District of New York properly refused to exercise jurisdiction over the defendant in Chloe, whose Web site allows customers to request orders online. The Second Circuit will determine whether this level of interactivity, in conjunction with a single sale to a New York resident, which was instigated by plaintiff's paralegal, will satisfy the 'minimum contacts' requirement."

By Robert C. Scheinfeld and Parker H. Bagley

8 minute read

March 28, 2007 | New York Law Journal

Robert C. Scheinfeld, a partner at Baker Botts LLP, and Parker H. Bagley, a partner at Milbank, Tweed, Hadley & McCloy LLP, write: Given the differing conclusions reached thus far by the courts, the prognosis for a relatively standardized means of evaluating claims under the new Federal Trademark Dilution Act seems unlikely, at least until other circuit courts begin to weigh in on the issue and perhaps follow the Second Circuit's lead. What remains to be seen is whether a circuit split will develop.

By Robert C. Scheinfeld and Parker H. Bagley

9 minute read

January 27, 2010 | New York Law Journal

Robert C. Scheinfeld, a partner at Baker Botts, and Parker H. Bagley, a partner at Goodwin Procter, write: Two hundred and forty million dollars. That's how much was awarded against Microsoft and to the plaintiff in i4i Limited Partnership and Infrastructure for Information Inc. v. Microsoft Corp. at the district court level, and recently affirmed on appeal by the Federal Circuit. The award included $40 million in enhanced damages and an injunction regarding future sales effective Jan. 11, 2010. How many hurdles did i4i need to jump to get there? Many, as this case review reveals.

By Robert C. Scheinfeld and Parker H. Bagley

12 minute read

November 23, 2010 | 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 courts realize that an inquiry to determine damages "necessarily involves an element of approximation and uncertainty," and will accept some of that uncertainty if, taken as a whole, the methodology is considered sound, and the expert works with conservative numbers in those areas of uncertainty.

By Robert C. Scheinfeld and Parker H. Bagley

9 minute read

July 23, 2002 | New York Law Journal

I N 1982, with an eye toward eliminating forum shopping and promoting uniformity throughout the country regarding the application of United States patent law, Congress created the United States Court of Appeals for the Federal Circuit, an appellate court having exclusive jurisdiction to hear all appeals arising under the United States patent laws.

By Robert C. Scheinfeld And Parker H. Bagley

8 minute read

September 23, 2009 | New York Law Journal

Robert C. Scheinfeld, a partner at Baker Botts, and Parker H. Bagley, a partner at Goodwin Procter, write that the Federal Circuit's recent grant of an en banc rehearing request is significant because the decision that the full panel will render may affect how patent applications are drafted and examined, as well as how issued patents are challenged.

By Robert C. Scheinfeld and Parker H. Bagley

9 minute read

May 21, 2002 | New York Law Journal

M ore than 50 years ago, the U.S. Supreme Court enunciated the modern doctrine of equivalents, which provides a patentee with a scope of patent protection beyond what the literal text of the patent`s claims would otherwise afford. 1 Under this doctrine, even though an accused article or method may not literally infringe a patent claim, infringement may still be found if the accused article or method is "equivalent" to or substantially the same as the claimed invention if the differences between the claimed

By Robert C. Scheinfeld And Parker H. Bagley

10 minute read