Emily J. Tremblay

Emily J. Tremblay is a patent litigator dedicated to protecting and monetizing her clients’ intellectual property and technology, as well as to helping them grow and protect their competitive positions in the markets where they operate. Emily represents clients in complex, multi-million-dollar patent litigation across technologies and the country, including plaintiffs and defendants in the pharmaceutical, medical device, video streaming, semiconductor, and mechanical spaces. She appreciates the dynamic, fast-changing nature of her clients’ industries and enjoys the challenge of leveraging her knowledge of those industries to best protect her clients’ valuable interests.

Emily came to Robins Kaplan after clerking for federal judges for four years, an invaluable experience that she now leverages for her clients.

Education

• University of Wisconsin Law, J.D. cum laude (2012); Wisconsin International Law Journal, Articles Editor (2012)
• St. Olaf College, B.A. in Political Science and in Integrative Studies, summa cum laude, Phi Beta Kappa (2010)

Representative Matters

Served as lead defense counsel for BioDelivery Sciences Int’l, Inc. (BDSI) in two patent litigations, after BDSI was acquired by Collegium Pharmaceutical, Inc. in March of 2022. Cases were pending in the Eastern District of North Carolina where BDSI’s products Bunavail® (buprenorphine and naloxone) buccal film and Belbuca® (buprenorphine) buccal film were accused of infringing Aquestive Therapeutic’s U.S. Patent No. 8,765,167. The parties had been litigating for nearly a decade in federal district courts and in multiple proceedings before the Patent Trial and Appeal Board. After appearing as substitute counsel for BDSI, Robins Kaplan developed and asserted strategic patent infringement defenses and—in a little over eight months—reached a favorable settlement achieving complete freedom to market for BDSI. Aquestive Therapeutics, Inc. v. BioDelivery Sciences Int’l, Inc., Civ. No. 19-505-D (E.D.N.C.); Indivior Inc. v. BioDelivery Sciences Int’l, Inc., Civ. No. 15-350-D (E.D.N.C.)

Trial counsel for Defendants Erie Custom Computer Applications, Inc. and Payroll World, Inc. in a significant software licensing dispute involving claims of copyright infringement, trade secret misappropriation, tortious interference with prospective economic advantage, and breach of contract. Obtained a complete defense verdict in seven-day jury trial leading to dismissal of all claims. MPAY Inc. v. Erie Custom Computer Applications, Inc.

Represented Upsher-Smith Laboratories in Hatch-Waxman litigation concerning five Orange Book-listed patents for the acne drug, Absorica®. Sun Pharmaceutical Industries, Inc. v. Upsher-Smith Laboratories, No. 19-cv-02546 (D.N.J. 2019).

Represented Honeywell International Inc. in a trade secret and breach of contract dispute with Ophir Corporation involving Lidar-based optical air data systems for navigating aircraft. Settled the case on behalf of Honeywell after previously prevailing on a motion for a temporary restraining order/preliminary injunction. The dispute was venued in the United States District Court for the District of Arizona. Ophir Corporation v. Honeywell International Incorporated, No. CV-17-02083-PHX-GMS.

• Listed in the IAM Strategy 300: The World’s Leading IP Strategists (2024)
• Listed in Benchmark Litigation's 40 & Under Guide (2024)
• Named an “IP Rising Star,” Euromoney (2024)
• Named a "Woman Worth Watching in STEM," Profiles in Diversity Journal (2023)
• Shortlisted for “IP Rising Star,” Euromoney (2023)
• Named a "Minnesota Rising Star," Super Lawyers (2023)
• Listed in The Best Lawyers in America: Ones to Watch (2023-2025 editions)
• Named an "Attorney of the Year," Minnesota Lawyer (2022)
• Recipient of "Patent Impact Case of the Year" award, LMG Life Sciences (2022)
• Named an “Up and Coming Attorney,” Minnesota Lawyer (2022)
• Named a “North Star Lawyer” by the Minnesota State Bar Association for providing at least 50 hours of pro bono legal services (2022)

Civic

Member, U.S. District Court, District of Minnesota, Magistrate Judge Merit Selection Panel (2024)

Professional

• Minnesota State Bar Association
• State Bar of Wisconsin

Speeches

Identifying Opportunities: Affirmative Recovery Strategies
Association of Corporate Counsel Minnesota CLE, Minneapolis, Minnesota (August 6, 2024)

Tactical Approaches to Buying and Selling IP 
The 10th Annual IP Dealmakers Forum, New York City (December 7, 2023)

13th Annual Disability Justice Seminar
Moderator, Minnesota Chapter of the Federal Bar Association Diversity and Inclusion Committee, Minnesota Governor’s Council on Developmental Disabilities (June 1, 2023)

Standard-Essential Patents: Practical Strategies for the Rapidly Evolving Legal Landscape
2022 Midwest Intellectual Property Institute, Minneapolis, Minnesota (September 29-30, 2022)

The Big Chessboard: Managing Multinational Patent Enforcement and Defense
Minnesota CLE 2021 Midwest IP Institute, Webinar (October 1, 2021)

Media Mentions

• "2022 Attorneys of the Year: MPAY v. Erie Custom Computer Applications Inc., and Payroll World, Inc." Minnesota Lawyer (February 16, 2023)