Emily J.Tait

Partner

Detroit + 1.313.230.7920

For more than 15 years, Emily Tait has served as a trusted advisor in complex intellectual property disputes and transactions, earning recognition as one of Michigan's "Notable Women in the Law." Through her work in Detroit and around the globe, Emily has developed a deep understanding of issues related to autonomous vehicles, artificial intelligence, connected mobility, and protection and enforcement of rights in software and data.

Emily works closely with clients in high-stakes matters involving patented technology, copyrighted works (including software), trade secrets, data, and trademarks. Experienced in district court litigation, she also has participated in several successful appeals to the Federal Circuit. In addition, Emily advises on IP protection, enforcement, and risk management strategy; structures transactions and agreements involving IP and technology; and conducts due diligence related to IP acquisition and licensing. Her matters involve diverse technologies, including vehicle software, health care data, fintech, medical devices, telecommunications, pharmaceuticals, biotech, and consumer products.

Emily is a registered patent attorney, holds an advanced degree in international IP, and has received additional training related to artificial intelligence. She brings an IP perspective to Jones Day's global, cross-practice Autonomous Vehicles, Artificial Intelligence, and Robotics (AVAIR) team and frequently writes and speaks about AVAIR-related topics and other emerging IP issues. Active in the IP community, Emily is a co-founder and past president of the Michigan IP Inn of Court and also serves the Inn as a "Master of the Bench." She is also a Fellow of the Federal Circuit Bar Association.

Experience

  • R.J. Reynolds and Philip Morris engage in patent battle related to tobacco heating products and vaping productsJones Day is representing R.J. Reynolds Tobacco Company ("Reynolds") and R.J. Reynolds Vapor Company ("RJRV") in several U.S. actions as part of its global patent dispute related to tobacco heating and vaping products. Reynolds filed patent infringement complaints against Philip Morris and Altria entities in the U.S. International Trade Commission and in the U.S. District Court in the Eastern District of Virginia, alleging that Philip Morris' IQOS tobacco heating product infringes a number of Reynolds' patents.
  • USG acquired by Gebr. Knauf for $7 billionJones Day advised USG Corporation in the acquisition by Gebr. Knauf KG ("Knauf") of all of the outstanding shares of USG in a transaction valued at $7 billion.
  • Vascular Solutions enforces catheter patents against QXMédicalJones Day represents Vascular Solutions, LLC, Teleflex Innovations Sarl, and Arrow International, Inc in ongoing patent litigation.
  • ION Geophysical wins appeal holding 30 of competitor's patent claims unpatentableION Geophysical, represented by a cross-office, cross-practice team of Jones Day lawyers, obtained a complete victory on appeal against one of its competitors when the Federal Circuit affirmed six final written decisions of the U.S. Patent Office's Patent Trial and Appeal Board (PTAB) holding unpatentable a total of 30 claims across three WesternGeco patents in inter partes review proceedings.
  • The following represents experience acquired prior to joining Jones Day.

    Represented the plaintiff in a complex matter involving misappropriation of software in China that included claims of copyright infringement, trademark infringement, trade secret misappropriation, unlawful circumvention under the Digital Millennium Copyright Act, computer fraud and abuse, and breach of contract. Secured favorable ruling in the Eastern District of Michigan, which led to a settlement.

    Drafted district court and appellate briefs arguing that the U.S. Patent and Trademark Office had erred in calculating a client's Patent Term Adjustment (PTA). Received a favorable judgment from the Court of Appeals for the Federal Circuit that secured additional "B Period" PTA for the client and future patent holders.

    Provided strategic advice on appellate strategy related to security tag manufacturer's challenge to district court's "exceptional case" finding and award of $10.3 million in attorney fees; the Federal Circuit reversed, finding the district court had abused its discretion.

    Provided strategic guidance to a health care nonprofit on its relationship with a third-party software developer and drafted agreements to formalize that relationship and achieve client's objectives.

    Defended a client in a patent infringement case brought by a notorious patent assertion entity in the Southern District of Florida. The patent assertion entity dismissed its own case with prejudice with no money paid by the client.

    Secured a favorable settlement, admission of liability, and a permanent injunction against a seller of counterfeit goods originating in China on behalf of a global automobile manufacturer.

    Defended a client in a multidefendant patent infringement case brought by a patent assertion entity in the Eastern District of Texas. Secured a favorable settlement and dismissal with prejudice.

    Helped U.S. and European arbitrators resolve a complex, global patent dispute involving cardiac stent technology with more than $600 million in damages at stake.

    Represented the plaintiff in a patent infringement case involving laboratory control systems that culminated with entering into a favorable license and settlement.

    Represented the plaintiff in trademark infringement and anti-cybersquatting matter in the Western District of Texas that resulted in a favorable settlement in which the defendant ceased use of the infringing mark and domain name.

    Registered a client's software with the U.S. Copyright Office and enforced the client's rights to the software against a range of infringers. Handled litigation related to the software in the Northern District of Georgia and Northern District of California. Both actions involved claims of copyright infringement, trade secret infringement, and unlawful circumvention under the Digital Millennium Copyright Act.

    Represented the manufacturer of mechanically locking laminate flooring products in a jury trial in the Eastern District of Wisconsin.

    Defended one of the nation's largest banks in a patent infringement case involving check imaging technology in the Eastern District of Texas.

    Advised clients on: software submission requirements for prospective employee programmers; agreements pertaining to software development and source code ownership; software audits; legal issues related to cybersecurity and data piracy protection measures; requirements for international privacy policy.

    Speaking Engagements

    • October 27, 2020
      Technology and the Law: "Artificial Intelligence MEETS Intellectual Property: Overview and Recent Updates" - Guest Lecturer
    • October 27, 2020
      University of Michigan Entrepreneurship & Law Association, Panelist
    • September 23, 2020
      AI and the Influence of Bias in Data - Guest Speaker Headroom
    • July 22, 2020
      Protecting Artificial Intelligence and Machine Learning, National Association of Patent Practitioners Annual Meeting & Conference 2020
    • June 10, 2020
      Artificial Intelligence, Machine Learning, and Big Data: What You and Your Organization Should Know, Jones Day Speaker Series
    • May 20, 2020
      Trends in IP Protection of AI Big Data and Machine Learning, Northwestern University
    • March 11, 2020
      "Soft" IP? The Complex and Evolving Landscape of Copyrighted Software, University of Arkansas Law School
    • December 3, 2019
      Artificial Intelligence, Machine Learning, and Big Data: What You and Your Organization Should Know, CLE Academy
    • November 6, 2019
      NVIDIA's GPU Technology Conference: Presenter on AI & Ethics Panel
    • October 8, 2019
      Artificial Intelligence and Intellectual Property: New and Evolving Challenges
    • June 6, 2019
      Using and Protecting Artificial Intelligence, Machine Learning, and Big Data, Jones Day University
    • February 22, 2019
      Hot Topics in Copyright Law - panelist in conjunction with a presentation by the Acting Register of Copyrights, Karyn A. Temple, University of Detroit Mercy Law School
    • November 8, 2018
      Protecting Artificial Intelligence IP: Patents, Trade Secrets, or Copyrights?, University of Minnesota Law School
    • June 7, 2018
      IP Right Now: Hot Topics in Patent & Trademark Law, Jones Day University
    • April 26, 2018
      Trends and Developments in Industrial Technology M&A: IP Aspects of M&A Transactions
    • April 10, 2018
      "Federal Circuit Practice and Insights: A Town Hall with Federal Circuit Judge Kara Stoll," University of Detroit Mercy Law School
    • November 2017
      "Hot Patent Law Topics," presented to the judges, magistrate judges, and clerks of the Eastern District of Michigan, co-sponsored by the Michigan Intellectual Property American Inn of Court and the Federal Bar Association
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