Webinar: Federal Circuit Top Ten (and More)

**Program hosted in (ET) time zone**

A presentation on recent developments across patent, trademark, trade dress, and copyright law, highlighting notable 2025 Circuit and Supreme Court decisions. The session reviews key Federal Circuit rulings refining patent eligibility in machine learning contexts, clarifying the scope of IPR estoppel and collateral estoppel, and expanding the domestic industry standard before the ITC. Trademark and trade dress cases explore functional use, articulation requirements, and the limits of registrability. Copyright updates address vicarious liability, equitable remedies, and transformative use in modern media. The program concludes with Supreme Court decisions narrowing recovery of affiliate profits in trademark cases and previewing an upcoming review of service provider liability for user infringements—offering practical insights into the evolving boundaries of intellectual property protection and enforcement for practicing intellectual property in 2026 and beyond.

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Presented by FBA Annual Meeting & Convention 2025 sponsor Merchant & Gould P.C.

Presenters

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.

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• Live Broadcast | FBA Member: $0
• Live Broadcast | Nonmember: $95
• On-Demand Broadcast | FBA Member: $50
• On-Demand Broadcast | Nonmember: $95