Photo of Emily J. TaitPhoto of Emily J. Tait

Emily J. Tait

Partner
Leader, Intellectual Property Litigation Practice Group

Education

University of Michigan Law School, J.D.
  • Michigan Law Review, Editor
University of Michigan, B.S.
  • with distinction; 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.
  • International Intellectual Property
  • with highest honors

Prior Employment

  • Skadden, Arps, Slate, Meagher & Flom LLP, Associate, 2002-2009

Bar Admissions

Court Admissions

Professional Affiliations

Michigan Intellectual Property American Inn of Court

  • Co-founder
  • Executive Board, Member
  • Master of the Inn
  • Treasurer, 2016-present
  • Inn Secretary, 2015-2016
  • Membership Chair, 2014-2015
  • Events Chair, 2012-2014

Federal Circuit Bar Association

  • Board of Directors, 2013-present
  • Board Liaison to various FCBA committees

State Bar of New York 

State Bar of Michigan

  • Intellectual Property Law Section

American Bar Association 

American Intellectual Property Law Association

  • Patent Litigation Committee, Member

Michigan Intellectual Property Law Association

Overview
Experience
News & Resources
Honors

Overview

Ms. Tait concentrates her practice on resolving disputes related to intellectual property and technology. She assists clients with devising strategies to evaluate and enforce their intellectual property rights through licensing and other business solutions.  She regularly advises clients on licenses, joint venture agreements, and intellectual property aspects of merger and acquisition transactions.  When her clients’ issues cannot be resolved without court intervention, she guides clients through litigation in a results-oriented, efficient manner.  She has significant experience handling patent, trademark, copyright, and trade secret litigation in federal courts on behalf of both plaintiffs and defendants.

  • Represents a range of clients, from large, multinational corporations to small privately held companies to individual inventors
  • Handles matters in diverse technologies, including software, mechanical devices, medical devices, engine parts, electronics, apparel, financial applications and semiconductor chips 
  • Litigates cases in federal courts throughout the country, including Michigan, Wisconsin, Texas, New York, California, Georgia, Delaware, Florida, Ohio and Virginia

Experience

  • Represented plaintiff in complex matter involving misappropriation of software in China; claims included 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 settlement
  • Drafted district court and appellate briefs arguing that the United States Patent and Trademark Office had erred in calculating a client’s Patent Term Adjustment (PTA); received favorable judgment from the Court of Appeals for the Federal Circuit that secured additional “B Period” PTA for the client and future patent holders
  • Defended client in a patent infringement case brought by a notorious patent assertion entity in the Southern District of Florida; patent assertion entity dismissed its own case with prejudice with no money paid by client
  • Defended client in a multi-defendant patent infringement case brought by a patent assertion entity in the Eastern District of Texas; secured 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 plaintiff in a patent infringement case involving laboratory control systems; entered into favorable license and settlement
  • Represented plaintiff in trademark infringement and anti-cybersquatting matter in the Western District of Texas, resulting in favorable settlement in which defendant ceased use of the infringing mark and domain name
  • Registered client’s software with the U.S. Copyright Office and enforced 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 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
  • Performed IP due diligence in connection with mergers and acquisitions, asset purchases, and recapitalization matters
  • Advised client on software submission requirements for prospective employee programmers
  • Advised client on agreement pertaining to software development and source code ownership
  • Advised client on legal requirements and potential pitfalls related to e-mail marketing campaign
  • Advised client on developing a privacy policy that complies with U.S.-European Union Safe Harbor Framework
  • Co-founded the Michigan Intellectual Property American Inn of Court and continues to serve as a member of the Executive Board, Master and Inn Treasurer
  • Spearheaded the effort to bring an intellectual property program to the state of Michigan called “A Conversation with the Federal Circuit – the Federal Circuit Comes to Michigan” – numerous federal judges and other distinguished guests participated in the program, including Randall Rader, Chief Judge of the Federal Circuit (who gave the keynote address and served as a panelist) and Judge Richard Linn of the Federal Circuit (who served as a panelist)

News & Resources

News

Publications

Seminars & Events

Honors

  • Michigan Super Lawyers, Recognized as a Rising Star, 2012-2016
  • DBusiness, Top Lawyers, 2013 and 2016