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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.)

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

Program Details

2025-12-08 14:00:00

Program Details

2025-12-08 14:00:00

Over 1,000+ webinars

2025-12-08 14:00:00

1 hours

Course Overview

Navigating 2025 Federal Circuit IP Decisions

2025-12-08 14:00:00

Participants will master critical patent, trademark, and copyright rulings from 2025’s most significant Federal Circuit and Supreme Court cases. Apply these holdings to strengthen litigation strategy and client counseling.

Format

CLE Credit

1h CLE Credits

Level

Intermediate

Length

1

Key topics that will be covered

01
Expert Testimony
District courts must exercise gatekeeper functions on expert reliability under Daubert.
02
Machine Learning
Applying existing machine learning to new data environments is not patent eligible.
03
IPR Estoppel
Physical product prior art arguments are not precluded by IPR estoppel provisions.
04
ITC Standards
Sales, marketing, and distribution can satisfy domestic industry even when manufacturing abroad.
05
Design Patents
Prosecution history disclaimer applies to design patents same as utility patents.
06
Fair Use
Transformative purpose is assessed by reasonable observer, not parties’ subjective intent.

Program schedule

clock 2:00 pm - 2:30 pm EST

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

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 ScobieRachel Zimmerman Scobie
Marra M. ClayMarra M. Clay
clock 2:30 pm - 3:00 pm EST

Notable 2025 Federal Circuit and Supreme Court IP Decisions

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 ScobieRachel Zimmerman Scobie
Marra M. ClayMarra M. Clay
Rachel Zimmerman Scobie

Rachel Zimmerman Scobie

Merchant & Gould P.C.

Marra M. Clay

Marra M. Clay

Merchant & Gould P.C.

Rachel Zimmerman Scobie

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

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.
Rachel Zimmerman Scobie

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

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.

Credits by state

AK1.0
AL1.0
AR1.0
AZ1.0
CA1.0
CO1.0
CT1.0
DC1.0
DE1.0
FL1.0
GA1.0
HI1.0
IA1.0
ID1.0
IL1.0
IN1.0
KS1.0
KY1.0
LA1.0
MA1.0
MD1.0
ME1.0
MI1.0
MN1.0
MO1.2
MS1.0
MT1.0
NC1.0
ND1.0
NE1.0
NH60.0
NJ1.2
NM1.0
NV1.0
NY1.0
OH1.0
OK1.0
OR1.0
PA1.0
RI1.0
SC1.0
SD1.0
TN1.0
TX1.0
UT1.0
VA1.0
VT1.0
WA1.0
WI1.0
WV1.2
WY1.0

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MCLE Credits

Alabama
Approved
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Approved
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Pending
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Approved
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Approved
Texas
Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs