For more than 20 years, Emily Tait has been a trusted advisor in complex intellectual property and technology matters, earning a reputation as one of Michigan's "Notable Women in the Law." A leader on Jones Day's global autonomous vehicles, artificial intelligence, and robotics (AVAIR) team, Emily is sought out for her experience and thought leadership on legal and ethical issues posed by AI.
Emily helps clients across diverse industries develop IP protection, enforcement, and risk management strategies related to trade secrets, data, copyrights, patents, and trademarks. She conducts IP due diligence and advises clients on IP issues arising in corporate transactions and technology agreements. Recent matters have involved generative AI tools, autonomous and automated systems, simulation software, electric vehicles, life sciences and health care tech, mobility, fintech, and consumer products.
In the litigation context, Emily recently obtained a dismissal with prejudice with no money paid by the client in a complex patent case on the eve of trial. She has also handled disputes involving vehicle and system hacking, trade secret theft and infringement of copyrighted software, cybersecurity breaches, and computer fraud. She has authored numerous case dispositive briefs and critical motions at the trial court level, as well as appeals that were favorably resolved by the Federal Circuit.
Emily is a registered patent attorney, holds an advanced degree in international IP, and has certifications in AI and open source software auditing and risk assessment.
Emily maintains an active pro bono practice, and also serves as the diversity chair and training partner in the Detroit Office.
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.
Court Finds AI-Generated Work Not Copyrightable for Failure to Meet "Human Authorship" Requirement—But Questions Remain
- October 27, 2022
Jones Day CLE Academy, Legal Issues in Artificial Intelligence: Challenges, Opportunities, & Strategy
- 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
- University of Michigan (J.D. 2002; Editor, Michigan Law Review; B.S. with distinction 1999; Phi Kappa Phi; James B. Angell Scholar; William J. Branstrom Prize); L'Università degli Studi di Torino (in conjunction with the World Intellectual Property Organization) (LL.M. in International Intellectual Property with highest honors 2010)
- Michigan; New York; U.S. Court of Appeals for the Federal Circuit; U.S. District Courts for the Eastern and Western Districts of Michigan, Eastern and Southern Districts of New York, Eastern District of Texas, and Eastern District of Wisconsin; and registered to practice before the U.S. Patent and Trademark Office
WTR 1000 (World Trademark Review) (2023)
Black Duck Legal Specialist (open source audits) (January 2023)
MIT Sloan & Computer Science and Artificial Intelligence Laboratory Certification, Artificial Intelligence: Implications for Business Strategy (February 2020)
"Notable Women Lawyers in Michigan," Crain's Detroit Business (December 2017, April 2021)
DBusiness and Michigan Super Lawyers (multiple years)