Emily J.Tait

Partner

底特律 + 1.313.230.7920

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 of 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. She currently co-chairs the Michigan Judicial Council's Working Group on Generative Artificial Intelligence (GenAI).

Emily develops IP protection, enforcement, and risk management strategies involving trade secrets, data, copyrights, patents, and trademarks. She frequently provides AI-related counseling and risk assessments and advises clients on IP issues arising in the context of GenAI. She also conducts IP diligence and advises on IP aspects of corporate transactions and technology agreements. Her matters span diverse industries and technologies, including autonomous and automated systems, software, electric vehicles, life sciences and health care, mobility, fintech, and consumer products.

Emily has handled disputes involving patents, vehicle and system hacking, trade secret and data theft, copyright infringement (including copyrighted software and data compilations), cybersecurity breaches, and computer fraud. She has authored numerous case dispositive briefs and critical motions at the trial court level and in appeals that were favorably resolved by the Federal Circuit.

Emily is a registered patent attorney, has an advanced degree in international IP, and has obtained certifications in AI and open source software auditing.

Emily maintains an active pro bono practice and also serves as the diversity chair and training partner in the Detroit Office.

经验

  • WEG acquires industrial electric motors and generators business from Regal Rexnord CorporationJones Day is advising WEG S.A. in the $400 million acquisition of the industrial electric motors and generators business of Regal Rexnord Corporation.
  • R.J. Reynolds successfully enforces patents in ITC trial against Philip Morris in dispute over cigarette alternativeJones Day's client Reynolds achieved a precedent-setting victory before the International Trade Commission (ITC) against its main competitors Philip Morris Products S.A. ("Philip Morris") and Altria Client Services LLC ("Altria") in a patent infringement dispute involving tobacco heating and vaping products.
  • Ansys acquires leading particle dynamics simulation software RockyJones Day advised Ansys, Inc. in the acquisition of Engineering Simulation and Scientific Software Rocky DEM, S.L., a leading provider of particular dynamics simulation software with developers in Brazil, Spain, and the United States.
  • Ansys acquires automotive simulation channel partner DYNAmoreJones Day is representing Ansys, Inc. in the acquisition of the DYNAmore business (“DYNAmore”), a Stuttgart, Germany-headquartered company who has historically distributed Ansys’ LS-DYNA crash test simulation software to virtually all major European car manufacturers.
  • Ansys strengthens electric machine design offerings through acquisition of Motor Design LimitedJones Day advised Ansys in the acquisition of Motor Design Limited.
  • Motorola, LG, and Samsung obtain dismissal of patent infringement lawsuit relating to smartphone navigation appsJones Day represented Motorola Mobility, LG Electronics (and related entities), and Samsung Electronics America (and related entities) in three separate patent infringement actions brought by NavBlazer LLC involving various traffic map and navigation applications used on smartphones.
  • 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.

    演讲

    • March 26, 2024
      Jones Day's Continuing Professional Development Program, "Artificial Intelligence - International Trends and Insights"
    • March 7, 2024
      "Navigating the Ethical, Legal, and Regulatory Considerations for AI and Driverless Vehicles," ACI's Legal, Regulatory and Compliance Forum for the Automotive Industry
    • February 1, 2024
      Ethical Intelligence: Professional Responsibility in the Age of AI
    • January 17, 2024
      Generative AI and the Future of Creativity: A New Copyright Landscape
    • November 30, 2023
      Advising Intelligently: Legal Considerations in the Use of Artificial Intelligence, Jones Day CLE Academy
    • November 29, 2023
      Trade Secret and Cybersecurity Challenges in the Age of Generative AI (Webinar)
    • October 12, 2023
      Brave New World? Intellectual Property Rights in the Artificial Intelligence Age
    • October 11, 2023
      AI in Higher Education – Legal Issues on the Horizon
    • September 27, 2023
      Generative AI: The New Copyright Frontier – Lawline Webinar
    • September 25, 2023
      AI in the Spotlight: Emerging Legal and Regulatory Issues – CLE, Plymouth, MI
    • September 19, 2023
      Rising Tides of AI: Legal and Regulatory Crossroads in a Tech-Driven World – CLE University, Minneapolis
    • 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 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