Tracy A.Stitt

Partner

Washington + 1.202.879.3641

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Tracy Stitt is a trial lawyer who litigates a variety of intellectual property disputes in district courts across the country. In the past two years, Tracy has tried six cases (five patent and one trade secret). She conducted direct and cross-examinations of fact witnesses, inventors, and experts. In doing so, Tracy helped secure judgment as a matter of law for clients in three cases.

In addition to her trial experience, Tracy regularly argues dispositive motions and hearings, obtaining key evidentiary rulings before trial, favorable claim constructions leading to summary judgment of noninfringement and invalidity, and motions for preliminary injunctive relief.

Tracy's litigation experience includes patent, design patent, trademark, trade dress, unfair competition, and trade secret matters. Her practice also spans a wide variety of technologies, products, and services, including consumer electronics, medical devices, telecommunications, and personal care products.

Tracy is a member of the American Bar Association (Intellectual Property Law Section), the D.C. Bar Association, and the Ohio State Bar Association. She is also co-chair of Jones Day's "Women in IP" Initiative.

Experience

  • NXP defends multi-jurisdiction patent infringement suits involving RFID technologyJones Day represented NXP USA Inc. against a competitor in a global patent infringement dispute involving more than 50 patents.
  • NXP litigates against competitor in 18-patent suit directed to RFID technologyJones Day represented NXP USA Inc. and NXP Semiconductors Netherlands B.V. in a patent infringement lawsuit against its competitor Impinj, Inc. in the Western District of Texas.
  • NXP Netherlands defends patent infringement claims in Western District of TexasJones Day defended NXP Semiconductors Netherlands B.V. in a patent infringement lawsuit brought by its competitor Impinj, Inc. in the Western District of Texas.
  • NXP sues Impinj for infringing patents relating to RFID technologyJones Day represented NXP USA, Inc. and NXP B.V. in their enforcement of six radio frequency identification (RFID) and wafer-layout patents against Impinj, Inc.
  • NXP whittles down competitor's infringement suit involving RFID technology from 26 to four patentsJones Day defended NXP USA, Inc. in a lawsuit brought by its competitor Impinj, Inc. alleging infringement of 26 patents relating to different aspects of radio frequency identification (RFID) technology.
  • Google wins patent trial in Western District of Texas against WSOU InvestmentsJones Day obtained a trial victory on behalf of Google and secured various additional wins through dispositive pre-trial motions in a patent litigation in the Western District of Texas involving 15 cases brought by WSOU Investments LLC.
  • DePuy Synthes wins JMOL in patent litigation involving spinal surgery medical devicesFollowing a two-week trial, Jones Day obtained a complete victory for Johnson & Johnson subsidiaries DePuy Synthes Products, Inc.; DePuy Synthes Sales, Inc.; and Medical Device Business Services, Inc. against patent infringement claims brought by Dr. Mark Barry relating to the use of certain methods and medical instruments for spinal surgery involving DePuy's Expedium® and Viper® systems.
  • Goodyear defeats trade secrets case involving self-inflating tire technologyJones Day successfully represented Goodyear Tire & Rubber Company ("Goodyear") and its employees accused by a Czech Republic citizen and his companies of misappropriating trade secrets relating to self-inflating tire technology and incorporating the technology into several U.S. patents.
  • Ricoh granted summary judgment of non-infringement in patent case relating to office and production printer technologyOn behalf of Ricoh USA, Inc., Jones Day obtained an order granting a motion for summary judgment of non-infringement on the five remaining patents in a case originally involving 19 patents relating to both hardware and software aspects of office and production printer technology.
  • Google defends patent infringement lawsuits brought by Uniloc relating to Chromecast productsJones Day is defending Google LLC against patent infringement allegations in three lawsuits brought in the Eastern District of Texas by Uniloc 2017 LLC relating to Google's Chromecast products.
  • Google defends patent infringement lawsuits brought by Uniloc relating to YouTube TV and Google Play productsJones Day is defending Google LLC against patent infringement allegations in three lawsuits brought in the Eastern District of Texas by Uniloc 2017 LLC relating to Google’s YouTube TV and Google Play products.
  • SharkNinja cleans up in one of the largest U.S. design patent cases in U.S. historyAfter Jones Day client SharkNinja Operating LLC successfully defended against vacuum and appliance manufacturer Dyson's claim for infringement on three asserted design patents, Dyson voluntarily dismissed its appeal to the U.S. Court of Appeals for the Federal Circuit on July 30, 2018, bringing to close a case that began more than four years ago.
  • Canon wins Rule 36 affirmance of summary judgment and attorneys' fees in flash memory card patent caseJones Day once again successfully defended Canon Inc. and Canon U.S.A., Inc. against claims of patent infringement relating to flash memory card readers.
  • DePuy Synthes prevails in patent royalty dispute brought by surgeonJones Day represented Johnson & Johnson subsidiary DePuy Synthes ("DePuy") in a three-day arbitration hearing to resolve a patent royalty dispute brought by Jordan Consulting seeking more than $6.5 million in damages for breach of a product development agreement relating to DePuy's flagship posterior cervical spinal implant system, Mountaineer.
  • eos Products and Kind Group get private label knockoff producer to surrender following pretrial rulings on trade dress and design patent issuesOn the eve of a two-week jury trial, the seller of the popular egg-shaped eos™ lip balm represented by Jones Day, eos Products LLC and its parent Kind Group LLC, obtained a settlement in which a private label manufacturer has agreed to stop offering knockoff egg-shaped lip balm.
  • Twelve Beverage obtains permanent injunction against continued trademark infringementJones Day represented Twelve Beverage, LLC, a beverage manufacturer, in a trademark infringement case brought by Barnie's II, Inc. in the Middle District of Florida.
  • Deutsche Telekom wins preliminary injunction against new business of AT&TOn behalf of Deutsche Telekom AG, Jones Day won a preliminary injunction against new AT&T subsidiary Aio Wireless' use of color similar to the magenta color trademark licensed by Deutsche Telekom to T-Mobile.
  • Canon wins ITC decision of non-infringement of patent claims relating to flash memory card readersJones Day successfully defended Canon Inc. against claims of patent infringement relating to flash memory card readers.
  • Chevron obtains injunctive relief against infringersJones Day successfully obtained permanent injunctive relief on behalf of Chevron Intellectual Property LLC and Chevron Oronite Company against a business holding itself out as a distributor of Chevron's Oronite additives.
  • Continental awarded summary judgment in consumer class action related to OnePass frequent flyer programThe U.S. Court of Appeals for the Sixth Circuit affirmed a grant of summary judgment in favor of Jones Day client Continental Airlines in a putative class action.
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    January 2020 Podcast

    JONES DAY TALKS®: Women in IP — Our 2020 Outlook

    July 2019 Alert

    ABPA v. Ford: Design Patent Defenses Run Out of Gas on Appeal

    July 2019 Jones Day Publications

    Jones Day's Women in IP Initiative

    January 2019 Blog

    The ITC is Not Just for Patents – Brand Owners are Welcome Too, ITC Blog

    November 2018 Commentary

    Sole Survivor: Federal Circuit Rejects ITC Determination that Converse Trade Dress Is Invalid

    August 2018 Jones Day Publications

    Jones Day Talks Intellectual Property: The Women in IP Law Initiative

    August 2018 Alert

    SharkNinja Cleans Up Over Dyson

    February 2018 Blog

    The PTAB Chats Designs: And Now, for Something Completely Different, PTAB Litigation Blog

    December 2017 Commentary

    Catch Me If You Can: Litigating Artificial Intelligence Patents

    August 2014 Commentary

    Ten New Supreme Court Opinions Reshaping the Intellectual-Property Landscape
    View All

    Additional Speaking Engagements

    • October 20, 2016
      Women in IP Speaker Series: Bringing it to the Board
    • March 8, 2012
      Beyond the BRIC, Worldwide Prosecution Considerations
    • April 14, 2011
      Handling Complex Prosecution Matters

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