Robert Scheinfeld

Robert Scheinfeld

Baker Botts

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Latest Publications


Changing Climate For 'Green' Trademarks*

Consumer protection concerns about the increasing practice of making misleading or false claims that a product or service is eco-friendly is now subjecting brand owners to heightened scrutiny when seeking to register...more


The Supreme Court’s Push For Clarity in Patent Cases

The Supreme Court had a busy term, particularly with regard to patent cases, and especially in an effort to provide much needed guidance to the divided U.S. Court of Appeals for the Federal Circuit. The Supreme Court granted...more

7/29/2014 - Alice Corporation Appeals Banks CLS Bank CLS Bank v Alice Corp Mayo v. Prometheus Patent Litigation Patent-Eligible Subject Matter Patents SCOTUS

The Shifting Sands Of Fee-Shifting in Patent Cases

Unlike most areas of American jurisprudence, the patent statute expressly permits district judges to shift fees in exceptional cases. “The court in exceptional cases may award reasonable attorney fees to the prevailing...more

6/5/2014 - American Rule Attorney's Fees Exceptional Case Highmark v. Allcare Octane Fitness v. ICON Patent Infringement Patent Litigation Patents SCOTUS

Laches in Trademark Infringement: How Long Can You Sleep on Rights?

Trademark infringement litigation typically centers around requests for injunctive relief. Although monetary relief is regularly sought, damages are awarded in only a small percentage of cases. Because the courts’ equitable...more

3/31/2014 - Infringement Laches Trademark Litigation Trademarks

On the Evolution of Induced Infringement Jurisprudence

A petition for certiorari from the decision in Commil v. Cisco — in which the U.S. Court of Appeals for the Federal Circuit recognized for the first time that “evidence of an accused infringer’s good-faith belief of...more

2/6/2014 - Cisco Induced Infringement Infringement Patent Infringement Patent Litigation Patents

Time For A Respected Standard In Determining Patent Eligibility?

One might think that the issue of what qualifies as patentable subject matter has long been resolved by either the U.S. Court of Appeals for the Federal Circuit or the U.S. Supreme Court, particularly since the patent statute...more

10/31/2013 - Patent-Eligible Subject Matter Patents

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