Emily M.Whitcher


Irvine + 1.949.553.7563

Emily Whitcher represents clients in complex intellectual property disputes involving patents, trade secrets, copyrights, trademarks, breach of contract, unfair competition, and other business-related torts. She also advises clients on corporate matters regarding intellectual property rights and litigation risk. She leverages her technical background in bioengineering to counsel clients across a wide range of industries, including biotechnology, pharmaceuticals, medical devices, semiconductors, software, electronics, mechanical devices, virtual reality, and interactive entertainment.

Emily has represented clients at trial. She has litigated high-stakes cases in federal court, at the Patent Trial and Appeal Board (PTAB), at the International Trade Commission (ITC), and before arbitration panels. Emily has significant experience in all stages of litigation — ranging from claim investigation to achieving a successful jury verdict. She has been instrumental in preparation of pleadings and motions, management of complex discovery processes, preparation of fact and expert witnesses for deposition and trial, and in settlement negotiations.

At Jones Day, Emily has represented a pharmaceutical client protecting its patent rights from willful infringement and a large semiconductor client asserting trade secret claims against a foreign competitor.

Prior to joining Jones Day in 2017, Emily was an associate in an international law firm where she was a key member of a trial team that won a $500 million verdict on behalf of a major interactive entertainment company after a three-week jury trial in federal court.

During law school, Emily provided pro bono legal services to victims of domestic violence seeking a divorce or child support order.


  • 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.
  • Sloan Kettering and Juno Therapeutics win over $1.1 billion after jury verdict and post-trial motions in patent dispute with Kite Pharma/Gilead involving CAR-T therapyOn behalf of patentee Sloan Kettering Institute and exclusive licensee Juno Therapeutics (a subsidiary of Celgene Corporation, a Bristol Myers Squibb company), Jones Day and co-counsel prevailed in a jury trial that spanned eight days and involved 22 witnesses, wherein the jury awarded our clients $752 million in compensation for the infringement of their patents by Kite Pharma, Inc. (a Gilead Sciences, Inc. company) through the making and selling of its infringing CAR-T therapy, YESCARTA®.
  • Micron Technology asserts trade secret and RICO claims, establishes U.S. jurisdiction over foreign defendants under DTSAJones Day represents Micron Technology, Inc. as a plaintiff in a trade secret and RICO lawsuit against Taiwanese and Chinese entities accused of theft of Micron's semiconductor processing technology.
  • Celgene acquires Juno Therapeutics for $9 billionOn behalf of Celgene Corporation, Jones Day conducted a large-scale intellectual property due diligence review and evaluation of matters related to its definitive merger agreement and acquisition of Juno Therapeutics for approximately $9 billion, including Juno’s technology related to CAR-T and TCR cellular immunotherapeutics for use in oncology and other indications.
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