Tracy A.Stitt

Partner

(T) + 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

  • 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.
  • DePuy Spine wins Federal Circuit affirmance of $149.1 million award, one of ten largest patent jury verdicts affirmed on appealOn June 1, 2009, the United States Court of Appeals for the Federal Circuit issued a decision affirming a $149.1 million patent damages award for Jones Day client DePuy Spine, Inc., (a Johnson & Johnson company) in DePuy Spine, Inc. v. Medtronic Sofamor Danek, Inc., Nos. 2008-1240, 2008-1253 and 2008-1401.
  • DePuy Orthopaedics prevails in arbitration proceeding brought by surgeonJones Day represented defendant DePuy Orthopaedics, Inc. in an arbitration brought by a surgeon against DePuy.
  • Scott Fetzer gets antitrust counterclaims tossed in trademark infringement actionJones Day represented plaintiff The Scott Fetzer Company and obtained dismissal of antitrust counterclaims by a distributor in a trademark infringement, trademark dilution, and cyberpiracy lawsuit against defendant relating to use of the KIRBY® trademarks.
  • 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
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