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

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. Her chemistry training and technical background include both practical experience and research, including conducting research at a national laboratory and serving as the first author of a scientific publication.

On-Demand: December 8, 2025

1 hour CLE

Tuition: $395.00
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Program Summary

Federal Circuit Top Ten (and More): presentation reviewing significant Intellectual Property decisions from 2023 and 2024. The session offers an overview of recent rulings that clarify fair use standards, patent enablement requirements, trademark parody limitations, the territorial reach of trademark laws, copyright damages timing, and constitutional considerations in trademark registration. This review provides practitioners with essential updates on the Court’s evolving approach to intellectual property law and its implications for advising clients and managing IP portfolios.

Presented by The Federal Bar Association Annual Meeting & Convention 2025 sponsor Merchant & Gould P.C.

Key topics to be discussed:

  • EcoFactor, Inc. v. Google LLC, 137 F.4th 1333, (Fed. Cir. 2025) (en banc)
  • Recentive Analytics, Inc. v. Fox Corp., 134 F.4th 1205, (Fed. Cir. 2025)
  • Ingenico Inc. v. IOENGINE, LLC, 136 F.4th 1354, (Fed. Cir. 2025)
  • Lashify, Inc. v. ITC, 130 F.4th 948, (Fed. Cir. 2025)
  • Cardinal Motors, Inc. v. H&H Sports Protection USA Inc., 128 F.4th 112, (2d Cir. 2025)
  • In re Brunetti, 151 F.4th 1367, (Fed. Cir. 2025)
  • Merck Sharp & Dohme B.V. v. Aurobindo Pharma USA, Inc., 130 F.4th 1363, (Fed. Cir. 2025)
  • Kroy IP Holdings, LLC v. Groupon, Inc., 127 F.4th 1376, (Fed. Cir. 2025)
  • Sage Products, LLC v. Stewart, 133 F.4th 1376, (Fed. Cir. 2025)
  • United Services Automobile Ass’n v. PNC Bank N. Am., 2023-1778, 2025 WL 166737, (Fed. Cir. 2025)
  • Eye Therapies, LLC v. Slayback Pharma. LLC, 141 F.4th 1264, (Fed. Cir. 2025)
  • Top Brand LLC v. Cozy Comfort Co. LLC, 143 F.4th 1349, (Fed. Cir. 2025)
  • Global Health Solutions LLC v. Selner, 148 F.4th 1363, (Fed. Cir. 2025)
  • Rearden, LLC v. Walt Disney Pictures, 152 F.4th 1058¸(9th Cir. 2025)
  • Santos v. Kimmel, 154 F.4th 30, (2d Cir. 2025)
  • Dewberry Group, Inc. v. Dewberry Engineers Inc., 604 U.S. 321, (2025)
  • What to Watch: Cox Communications, Inc. v. Sony Music Entertainment, __ U.S. __ (2026)

This course is co-sponsored with myLawCLE.

Closed-captioning available

Speakers

Rachel Zimmerman Scobie, Partner | 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 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.

Rachel has been responsible for matters in various federal courts and agencies throughout the United States, in state court in Minnesota, and in arbitration. She also has significant experience handling appellate-level disputes, a practice to which she brings valuable experience as a former clerk for U.S. Court of Appeals Chief Judge James B. Loken. She has represented clients in numerous appeals before the United States Court of Appeals for the Federal Circuit and has participated in all aspects of appellate practice before that Court, including motion practice, briefing, mediation, and oral argument. At Merchant & Gould, Rachel is Chair of the Litigation Practice Group and Editor of the ipcaseupdates.com blog. She serves as a Director of The Fund for Legal Aid and as a volunteer attorney for the Children’s Law Center. In her spare time, Rachel enjoys running and traveling with her family.

 

Marra M. Clay, Associate | 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. Her chemistry training and technical background include both practical experience and research, including conducting research at a national laboratory and serving as the first author of a scientific publication. Tie all this together with her interest and penchant for issues involving copyright and trademark litigation, and you’ll find Marra to truly be a triple threat in her legal practice.

Businesses often fear that IP litigation can harm their companies and finances, especially if they’ve been accused of infringement. That’s why Marra’s approach makes the litigation process as easy and cost-effective as possible by protecting company assets for continued success. Marra creatively counsels inventors, marketing professionals, and entrepreneurs on building a loyal consumer base through brand management and protection. Through the creation of strong attorney-client relationships, she evaluates all parts of an equation with her clients to decide the best course of action based on their goals. By developing lasting legal strategies, Marra helps achieve a company’s long-term business goals. It’s not just about the IP; it’s about representing clients in a way that consistently supports the bottom line. This is true no matter the industry or the location. Having spent time in Southeast Asia, Marra is drawn to foreign IP protection. She also finds joy and drive in working with clients in the fashion, entertainment, and food and beverage industries. Marra isn’t just an attorney; she’s a dedicated partner. She helps clients protect their hard work without the burden of legal complexities. And when she’s not working, you’ll find her pursuing her favorite pastimes of yoga, crocheting, and running with her dog.

Agenda

I. Discuss recent developments across patent, trademark, trade dress, and copyright law | 2:00pm – 2:30pm

II. Highlight notable 2025 Circuit and Supreme Court Decisions | 2:30pm – 3:00pm

Credits

Alaska

Approved for CLE Credits
1 General

Our programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Alabama

Approved for Self-Study Credits
1 General

Arkansas

Approved for CLE Credits
1 General

Arizona

Approved for CLE Credits
1 General

California

Approved for CLE Credits
1 General

Colorado

Pending CLE Approval
1 General

Connecticut

Approved for CLE Credits
1 General

District of Columbia

No MCLE Required
1 CLE Hour(s)

Delaware

Pending CLE Approval
1 General

Florida

Approved via Attorney Submission
1 General Hour

Receive CLE credit in Florida via Attorney Submission.
Georgia

Approved for CLE Credits
1 General

Hawaii

Approved for CLE Credits
1 General

Iowa

Pending CLE Approval
1 General

Idaho

Pending CLE Approval
1 General

Illinois

Pending CLE Approval
1 General

Indiana

Approved For On-Demand Credits
1 General

Kansas

Pending CLE Approval
1 Substantive

Kentucky

Pending CLE Approval
1 General

Louisiana

Pending CLE Approval
1 General

Massachusetts

No MCLE Required
1 CLE Hour(s)

Maryland

No MCLE Required
1 CLE Hour(s)

Maine

Pending CLE Approval
1 General

Michigan

No MCLE Required
1 CLE Hour(s)

Minnesota

Approved for Self-Study Credits
1 General

Missouri

Approved for Self-Study Credits
1.2 General

Mississippi

Pending CLE Approval
1 General

Montana

Pending CLE Approval
1 General

North Carolina

Pending CLE Approval
1 General

North Dakota

Approved for CLE Credits
1 General

Our programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Nebraska

Pending CLE Approval
1 General

myLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
New Hampshire

Approved for CLE Credits
60 General minutes

As of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey

Approved for CLE Credits
1.2 General

Our programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico

Approved for Self-Study Credits
1 General

Nevada

Pending CLE Approval
1 General

New York

Approved for CLE Credits
1.2 General

Our programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
Ohio

Approved for Self-Study Credits
1 General

Oklahoma

Pending CLE Approval
1 General

Oregon

Pending CLE Approval
1 General

Pennsylvania

Approved for Self-Study Credits
1 General

Rhode Island

Pending CLE Approval
1 General

South Carolina

Pending CLE Approval
1 General

South Dakota

No MCLE Required
1 CLE Hour(s)

Tennessee

Approved for Self-Study Credits
1 General

Texas

Approved for CLE Credits
1 General

Utah

Pending CLE Approval
1 General

Virginia

Not Eligible
1 General Hours

Vermont

Approved for CLE Credits
1 General

Washington

Approved via Attorney Submission
1 Law & Legal Hours

Receive CLE credit in Washington via Attorney Submission. myLawCLE will supply Washington state attorneys with instructions on how to gain credit.
Wisconsin

Approved for Self-Study Credits
1 General

West Virginia

Pending CLE Approval
1.2 General

Wyoming

Pending CLE Approval
1 General

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