Emily J. Tremblay

612.349.0953

Experience

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.

 

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.

 
Northstar Lawyer
  • 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 (2023-2024 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)
Member, U.S. District Court, District of Minnesota, Magistrate Judge Merit Selection Panel (2024)
Bar Admissions
  • Minnesota
  • U.S. District Court, Minnesota
  • Wisconsin
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)
Professional Associations
  • Minnesota State Bar Association
  • State Bar of Wisconsin

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)

December 5-7, 2023
The 10th Annual IP Dealmakers Forum
Aaron Fahrenkrog, Emily Tremblay - IP Dealmakers
New York, NY
September 30, 2022
2022 Midwest Intellectual Property Institute
Aaron Fahrenkrog, Emily Tremblay - Midwest IP Institute
Minneapolis, MN
October 1, 2021
WEBINAR | Managing Multinational Patent Enforcement and Defense
Aaron Fahrenkrog, Emily Tremblay - Minnesota CLE
Remote
September 23-24, 2021
WEBINAR | Minnesota CLE Midwest IP Institute
Aaron Fahrenkrog, Emily Tremblay - Minnesota CLE
Remote

RESOURCES

Links to full publications and news releases.

PUBLICATIONS

Fourth Quarter
GENERICally Speaking: A Hatch-Waxman Litigation Bulletin
Oren Langer, Christopher Pinahs, Emily Tremblay, and Christine May
Third Quarter
GENERICally Speaking: A Hatch-Waxman Litigation Bulletin
Oren Langer, Christopher Pinahs, Emily Tremblay, and Christine May
Second Quarter
Generically Speaking: A Hatch-Waxman Litigation Bulletin
Oren Langer, Christopher Pinahs, Emily Tremblay, and Christine May
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