For 20 years, Emily Tait has served as a trusted advisor in complex intellectual property disputes and transactions, earning repeat recognition as one of Michigan's "Notable Women in the Law."
Emily's work involves 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. Emily also advises clients 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.
Emily has developed particular experience in novel legal issues arising in the context of artificial intelligence (AI) across diverse industries and in protection and enforcement strategy for rights in software and data. Her matters encompass a range of technologies, including autonomous and automated systems, electric vehicles, life sciences and health care tech, mobility, biotech, fintech, and consumer products.
Emily is a registered patent attorney, holds an advanced degree in international IP, and has obtained a post-graduate certification in AI. Active in the IP community, she served on the board of the Federal Circuit Bar Association and co-founded the Michigan IP Inn of Court, in which she is a "Master of the Bench" and previously served as president and in numerous other executive roles.
Emily serves on Jones Day's Diversity, Inclusion & Advancement Committee and is the diversity chair for the Detroit Office. Emily is also the co-leader of Jones Day's global, cross-practice Autonomous Vehicles, Artificial Intelligence, and Robotics (AVAIR) team. Emily frequently writes and speaks about hot topics in IP and emerging technology.
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.
Secrets on the Road: Protecting Trade Secrets of Highly Automated Vehicles Against Public Disclosure
- 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
- L'Università degli Studi di Torino (in conjunction with the World Intellectual Property Organization) (LL.M. in International Intellectual Property with highest honors 2010); 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)
- 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
2021 List of Top Lawyers, DBusiness (November/December 2020)
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)
Fellow, American Bar Foundation
Recognized multiple times in DBusiness and Michigan Super Lawyers
Profiled in "Giving Back — Love for Michigan Drives IP Attorney" (Detroit Legal News, December 2012)