Robert C Scheinfeld

March 23, 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 discuss how judges in the Eastern District of Texas have abused their discretion by denying defendants' meritorious venue transfer motions and examine relevant venue statutes, Federal Circuit interventions and a recent significant decision.

By Robert C. Scheinfeld and Parker H. Bagley

7 minute read

November 27, 2007 | New York Law Journal

Parker H. Bagley, a partner at Milbank Tweed, Hadley & McCloy, and Robert C. Scheinfeld, a partner at Baker Botts, write that in early 2007, the Supreme Court adopted a new test for declaratory judgment jurisdiction in an effort to align the Federal Circuit's standard with its own precedent. The new test encompasses a wider range of circumstances than prior circuit decisions, and in cases arising in the months after the Supreme Court's holding, the Federal Circuit has adopted the new standard.

By Parker H. Bagley and Robert C. Scheinfeld

9 minute read

March 23, 2005 | New York Law Journal

Robert C. Scheinfeld, the head of the intellectual property group in the New York office of Baker Botts, and Parker H. Bagley, a partner in the intellectual property group of Milbank Tweed, Hadley & McCloy, write that the U.S. Court of Appeals for the Federal Circuit has decided two cases that may indicate the Federal Circuit's inclination to take a more expansive view of the "experimental use" exception to invalidity based on public use.

By Robert C. Scheinfeld And Parker H. Bagley

13 minute read

November 24, 2004 | New York Law Journal

Robert C. Scheinfeld, a partner with Baker Botts, and Parker H. Bagley, a partner with Milbank Tweed, Hadley & McCloy, report that in recent months, the U.S. Court of Appeals for the Fifth, Sixth and Ninth circuits have made significant rulings regarding the "initial interest confusion" doctrine, Internet search practices and "cyber-griping."

By Robert C. Scheinfeld and Parker H. Bagley

14 minute read

May 27, 2009 | New York Law Journal

Robert C. Scheinfeld, a partner at Baker Botts, and Parker H. Bagley, a partner at Goodwin Procter, analyze decisions that address the joint infringement defense, often dismissing the patentee's claim for failing to satisfy the requirement that a "single entity" has infringed, not two or more companies working cooperatively, a requirement confirmed and clarified by the Federal Circuit relatively recently.

By Robert C. Scheinfeld and Parker H. Bagley

11 minute read

March 24, 2010 | New York Law Journal

Robert C. Scheinfeld, a partner at Baker Botts, and Parker H. Bagley, a partner at Goodwin Procter, write: The 2006 Trademark Dilution Revision Act has been the subject of numerous, and often conflicting, district court decisions. Some of those decisions have begun to receive appellate review, providing a bit of direction to practitioners as to which circuits may be more favorable jurisdictions for bringing claims under the TDRA.

By Robert C. Scheinfeld and Parker H. Bagley

6 minute read

July 21, 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: While every administrative body and court that heard Bilski agreed that the specific claims at issue were not patentable at every step in the process, the patentability analysis of the previous decision makers was rejected and/or substantially modified by the Supreme Court.

By Robert C. Scheinfeld and Parker H. Bagley

12 minute read

March 26, 2002 | New York Law Journal

P atent owners attempting to enforce patents issued after years of delay in the U.S. Patent and Trademark Office (PTO) may begin to face more often the defense of prosecution laches. In Symbol Tech., Inc. v. Lemelson Medical , the Court of Appeals for the Federal Circuit recently revived this equitable defense, the validity of which had been uncertain for decades due in part to federal statutes and rules governing patent application practice in the PTO. 1 The 2-1 decision of the Federal Circuit recognized a

By Robert C. Scheinfeld And Parker H. Bagley The Federal Circuit Revives The Prosecution Laches Defense

11 minute read

November 22, 2006 | 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 Trademark Dilution Revision Act of 2006, which offers guidance on what marks may qualified for protection under the statute, what constitutes the different types of dilution, and the burden of proof by which litigants may prove dilution of their famous marks.

By Robert C. Scheinfeld and Parker H. Bagley

9 minute read

September 22, 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, discuss how false marking has become a greater concern and address recent cases, and offensive and defensive tactics being employed.

By Robert C. Scheinfeld and Parker H. Bagley

10 minute read