Tracy A.Stitt

Partner

Washington + 1.202.879.3641

For more than 10 years, Tracy Stitt has represented clients as an intellectual property litigator in high-stakes cases before numerous United States District Courts, the International Trade Commission (ITC), and the Trademark Trial and Appeal Board. Specifically, Tracy's practice is focused on trademark, patent, design patent, trade dress, and unfair competition matters. In addition to litigating infringement cases, she counsels clients on trademark prosecution matters, trademark policing efforts, and domain name protection strategies.

Tracy has experience in all phases of litigation, including pre-suit investigations, fact and expert discovery and depositions, claim construction, summary judgment, trials, and appeals. She has obtained victories for her clients at trial as well as in evidentiary hearings and has successfully argued numerous motions, including for preliminary injunctive relief and claim construction. Tracy's practice encompasses a wide variety of technologies, products, and services, including consumer electronics, medical devices, telecommunications, and personal care products. Representative clients include Canon, Chevron, Deutsche Telekom, Johnson & Johnson, eos Products, and SharkNinja.

Tracy recently served as trial counsel for Canon in a case before the ITC and the district court involving memory card reader technology. All of Canon's products were found noninfringing after a trial in the ITC, and the district court granted summary judgment of noninfringement and awarded Canon its attorneys fees.

Tracy is a member of the American Bar Association (Intellectual Property Law Section), the D.C. Bar Association, and the Ohio State Bar Association. She is also co-chair of the Jones Day Women in IP Initiative.

Experience

  • Ricoh granted summary judgment of non-infringement in patent case relating to office and production printer technologyOn behalf of Ricoh USA, Inc., Jones Day obtained an order granting a motion for summary judgment of non-infringement on the five remaining patents in a case originally involving 19 patents relating to both hardware and software aspects of office and production printer technology.
  • NXP litigates against competitor in an 18-patent suit directed to RFID technologyJones Day is representing NXP USA Inc. in a patent infringement lawsuit against its competitor Impinj, Inc. in the Western District of Texas.
  • NXP sues Impinj for infringing six patents relating to RFID and wafer-layout technologyJones Day is representing NXP USA, Inc. and NXP B.V. in their enforcement of six radio frequency identification ("RFID") and wafer-layout patents against Impinj, Inc.
  • NXP whittles down competitor's infringement suit involving RFID technology from 26 to four patentsJones Day is defending NXP USA, Inc. in a lawsuit brought by its competitor Impinj, Inc. alleging infringement of 26 patents relating to different aspects of radio frequency identification ("RFID") technology.
  • Google defends patent infringement lawsuits brought by Uniloc relating to Chromecast productsJones Day is defending Google LLC against patent infringement allegations in three lawsuits brought in the Eastern District of Texas by Uniloc 2017 LLC relating to Google's Chromecast products.
  • Google defends patent infringement lawsuits brought by Uniloc relating to YouTube TV and Google Play productsJones Day is defending Google LLC against patent infringement allegations in three lawsuits brought in the Eastern District of Texas by Uniloc 2017 LLC relating to Google’s YouTube TV and Google Play products.
  • Google defends 15 patent infringement lawsuits brought by WSOU relating to multiple productsJones Day is acting as lead defense counsel on behalf of Google LLC in 15 patent infringement lawsuits in the Western District of Texas brought by WSOU Investments, LLC relating to a range of Google's products, including Pixel, YouTube TV, YouTube Music, G Suite, Gmail, and Nest Cam.
  • DePuy Synthes defends against patent infringement claims involving methods and instruments for spinal surgeryJones Day represents Johnson & Johnson subsidiaries DePuy Synthes Products, Inc.; DePuy Synthes Sales, Inc.; and Medical Device Business Services, Inc. in their defense against claims of patent infringement brought by Dr. Mark A. Barry relating to the use of certain methods and instruments for spinal surgery involving DePuy's Expedium® and Viper® systems.
  • SharkNinja cleans up in one of the largest U.S. design patent cases in U.S. historyAfter Jones Day client SharkNinja Operating LLC successfully defended against vacuum and appliance manufacturer Dyson's claim for infringement on three asserted design patents, Dyson voluntarily dismissed its appeal to the U.S. Court of Appeals for the Federal Circuit on July 30, 2018, bringing to close a case that began more than four years ago.
  • Canon wins Rule 36 affirmance of summary judgment and attorneys' fees in flash memory card patent caseJones Day once again successfully defended Canon Inc. and Canon U.S.A., Inc. against claims of patent infringement relating to flash memory card readers.
  • DePuy Synthes prevails in patent royalty dispute brought by surgeonJones Day represented Johnson & Johnson subsidiary DePuy Synthes ("DePuy") in a three-day arbitration hearing to resolve a patent royalty dispute brought by Jordan Consulting seeking more than $6.5 million in damages for breach of a product development agreement relating to DePuy's flagship posterior cervical spinal implant system, Mountaineer.
  • eos Products and Kind Group get private label knockoff producer to surrender following pretrial rulings on trade dress and design patent issuesOn the eve of a two-week jury trial, the seller of the popular egg-shaped eos™ lip balm represented by Jones Day, eos Products LLC and its parent Kind Group LLC, obtained a settlement in which a private label manufacturer has agreed to stop offering knockoff egg-shaped lip balm.
  • Twelve Beverage obtains permanent injunction against continued trademark infringementJones Day represented Twelve Beverage, LLC, a beverage manufacturer, in a trademark infringement case brought by Barnie's II, Inc. in the Middle District of Florida.
  • Deutsche Telekom wins preliminary injunction against new business of AT&TOn behalf of Deutsche Telekom AG, Jones Day won a preliminary injunction against new AT&T subsidiary Aio Wireless' use of color similar to the magenta color trademark licensed by Deutsche Telekom to T-Mobile.
  • Canon wins ITC decision of non-infringement of patent claims relating to flash memory card readersJones Day successfully defended Canon Inc. against claims of patent infringement relating to flash memory card readers.
  • Chevron obtains injunctive relief against infringersJones Day successfully obtained permanent injunctive relief on behalf of Chevron Intellectual Property LLC and Chevron Oronite Company against a business holding itself out as a distributor of Chevron's Oronite additives.
  • Continental awarded summary judgment in consumer class action related to OnePass frequent flyer programThe U.S. Court of Appeals for the Sixth Circuit affirmed a grant of summary judgment in favor of Jones Day client Continental Airlines in a putative class action.
  • Oklahoma Gas and Electric Company resolves "Positive Energy" trademark dispute with Eveready BatteryJones Day was retained to bring two trademark oppositions against Eveready Battery Company on behalf of OGE Energy Corp. and Oklahoma Gas and Electric Company over the use of the mark POSITIVE ENERGY.
  • Kodak defends patent infringement claims in the ITC relating to digital photo framesJones Day represents Eastman Kodak Company in defending against claims of patent infringement involving digital photo frames in the ITC and Eastern District of Texas.
  • Continental Airlines wins dismissal of putative class action alleging violations of Ohio consumer protection laws relating to gift certificatesThe Eighth District Court of Appeals affirmed dismissal for Jones Day client Continental Airlines in a putative class action.
  • Speaking Engagements

    • October 20, 2016
      Women in IP Speaker Series: Bringing it to the Board
    • March 8, 2012
      Beyond the BRIC, Worldwide Prosecution Considerations
    • April 14, 2011
      Handling Complex Prosecution Matters