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Federal Circuit Top Ten (and More) (Presented by The Federal Bar Association Annual Meeting & Convention 2025 sponsor Merchant & Gould P.C.)

2025-12-08 14:00:00

1 hours

2025-12-08 14:00:00

1 Credits

Federal Circuit’s key 2025 IP decisions covering patent eligibility, IPR estoppel, trade dress, trademark functionality, and copyright fair use developments.

2025-12-08 14:00:00

1 hours

Federal Circuit’s key 2025 IP decisions covering patent eligibility, IPR estoppel, trade dress, trademark functionality, and copyright fair use developments.

2025-12-08 14:00:00

1 hours

1000+

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1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn about key 2025 Federal Circuit patent decisions covering IPR estoppel, Section 101 eligibility, machine learning patents, and Daubert expert testimony standards.

What will you gain

Attorneys will gain practical guidance on trademark functionality, trade dress articulation requirements, patent term extension for reissue patents, and prosecution history disclaimer.

Expert Testimony
District courts must exercise gatekeeper functions on expert reliability under Daubert.
Machine Learning
Applying existing machine learning to new data environments is not patent eligible.
IPR Estoppel
Physical product prior art arguments are not precluded by IPR estoppel provisions.
ITC Standards
Sales, marketing, and distribution can satisfy domestic industry even when manufacturing abroad.
Design Patents
Prosecution history disclaimer applies to design patents same as utility patents.
Fair Use
Transformative purpose is assessed by reasonable observer, not parties’ subjective intent.

What will you learn

Attorneys will learn about key 2025 Federal Circuit patent decisions covering IPR estoppel, Section 101 eligibility, machine learning patents, and Daubert expert testimony standards.

What will you gain

Attorneys will gain practical guidance on trademark functionality, trade dress articulation requirements, patent term extension for reissue patents, and prosecution history disclaimer.

Agenda

Session 1

Recent Developments in Patent, Trademark, Trade Dress, and Copyright

Session 2

Notable 2025 Federal Circuit and Supreme Court IP Decisions

clock 2:00 pm - 2:30 pm EST

Recent Developments in Patent, Trademark, Trade Dress, and Copyright

Rachel Zimmerman Scobie

Merchant & Gould P.C.

Marra M. Clay

Merchant & Gould P.C.

This session examines key 2025 developments across intellectual property law, including patent eligibility for machine learning applications, IPR estoppel implications, and the ITC’s expanded domestic industry requirement. Attendees will also explore trade dress articulation standards, trademark functionality for all-purpose words, and copyright fair use principles in transformative works.

Rachel Zimmerman Scobie

Merchant & Gould P.C.

Marra M. Clay

Merchant & Gould P.C.

clock 2:30 pm - 3:00 pm EST

Notable 2025 Federal Circuit and Supreme Court IP Decisions

Rachel Zimmerman Scobie

Merchant & Gould P.C.

Marra M. Clay

Merchant & Gould P.C.

This session analyzes landmark Federal Circuit decisions including Eco Factor v. Google on Daubert expert testimony standards, patent term extension for reissue patents in Merck v. Aurobindo, and prosecution history disclaimer for design patents in Top Brand v. Cozy Comfort. The discussion also covers the Supreme Court’s Dewberry ruling on disgorgement of affiliate profits and the pending Cox v. Sony case addressing ISP contributory liability for copyright infringement.

Rachel Zimmerman Scobie

Merchant & Gould P.C.

Marra M. Clay

Merchant & Gould P.C.

01 02
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Rachel Zimmerman Scobie

Merchant & Gould P.C.

Marra M. Clay

Merchant & Gould P.C.

Rachel Zimmerman Scobie

Merchant & Gould P.C.

Rachel is an experienced first-chair trial lawyer who has handled all aspects of complex intellectual property disputes from investigation and preparation of the complaint through trial, post-trial, and appeal. With over 20 years of experience in patent litigation, she brings valuable appellate experience as a former clerk for U.S. Court of Appeals Chief Judge James B. Loken.

Education & Credentials

Former clerk for U.S. Court of Appeals Chief Judge James B. Loken

Professional Involvement

Chair of the Litigation Practice Group at Merchant & Gould, Editor of the ipcaseupdates.com blog, Director of The Fund for Legal Aid, volunteer attorney for the Children's Law Center

Experience

Over 20 years of experience in patent litigation. Has managed discovery, directed patent claim construction proceedings, taken and defended fact and expert depositions, handled nondispositive and dispositive motion practice, represented client interests in mediation and settlement conferences, drafted and argued motions in limine and other pre- and post-trial matters, and examined fact and expert witnesses at trial. Responsible for matters in various federal courts and agencies throughout the United States, in state court in Minnesota, and in arbitration. Significant experience handling appellate-level disputes before the United States Court of Appeals for the Federal Circuit, including motion practice, briefing, mediation, and oral argument.

Rachel Zimmerman Scobie

Merchant & Gould P.C.

Rachel is an experienced first-chair trial lawyer who has handled all aspects of complex intellectual property disputes from investigation and preparation of the complaint through trial, post-trial, and appeal. With over 20 years of experience in patent litigation, she brings valuable appellate experience as a former clerk for U.S. Court of Appeals Chief Judge James B. Loken.

Education & Credentials

Former clerk for U.S. Court of Appeals Chief Judge James B. Loken

Professional Involvement

Chair of the Litigation Practice Group at Merchant & Gould, Editor of the ipcaseupdates.com blog, Director of The Fund for Legal Aid, volunteer attorney for the Children's Law Center

Experience

Over 20 years of experience in patent litigation. Has managed discovery, directed patent claim construction proceedings, taken and defended fact and expert depositions, handled nondispositive and dispositive motion practice, represented client interests in mediation and settlement conferences, drafted and argued motions in limine and other pre- and post-trial matters, and examined fact and expert witnesses at trial. Responsible for matters in various federal courts and agencies throughout the United States, in state court in Minnesota, and in arbitration. Significant experience handling appellate-level disputes before the United States Court of Appeals for the Federal Circuit, including motion practice, briefing, mediation, and oral argument.

Marra M. Clay

Merchant & Gould P.C.

Marra brings a distinct perspective to IP law by going beyond litigation to see how it aligns with broader business strategies. She has expertise in copyright and trademark litigation with a chemistry training and technical background.

Education & Credentials

Chemistry training and technical background including practical experience and research, conducted research at a national laboratory, first author of a scientific publication

Experience

Counsels inventors, marketing professionals, and entrepreneurs on building a loyal consumer base through brand management and protection. Develops lasting legal strategies to help achieve companies' long-term business goals. Experience with foreign IP protection, having spent time in Southeast Asia. Works with clients in the fashion, entertainment, and food and beverage industries.

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Price varies based
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Ability to Ask Questions During
the Presentation via a Chat Box
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Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
Bootcamps

Why Attend

Why this 
program matters

Understanding key IP decisions from 2025 is essential for legal practitioners to effectively advise clients on patent validity challenges, IPR estoppel implications, and evolving damages standards.
70%
All-claims invalidation rate at the PTAB in FY2024, reflecting high risk for patent owners in inter partes review proceedings.
$3.6M
Median cost of litigating a patent case through trial when more than $25 million is at stake, per the AIPLA 2023 Economic Survey.
86%
Federal Circuit affirmance rate for PTAB appeals in 2024, demonstrating the difficulty of overturning Board decisions on appeal.
69%
Percentage of FY2024 PTAB petitions involving electrical/computer technology, highlighting the dominance of high-tech patent disputes.

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