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Darrin A. Auito

Darrin A. Auito

HEA Law, PLLC
  • Intellectual Property, Patents, Trademarks
  • Michigan, USPTO
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Summary

I am an intellectual property attorney with over 13 years of experience focused on strategic counseling, patent prosecution (mechanical, electrical, software, design), IP litigation (ITC, PTAB, District Court), unfair competition, licensing, branding, and corporate due diligence.

I am registered to practice before the United States Patent Office (USPTO) (Reg. No. 56,024) and admitted to practice in the State of Michigan, the United States Court of Appeals for the Federal Circuit (CAFC) and the U.S. District Court for the Eastern District of Michigan.

Over the years, I have prepared, filed and prosecuted thousands of U.S. and foreign patent applications in fields such as automotive, autonomous vehicles, blockchain, drones, AI, medical devices, manufacturing systems, mobile payments, sporting equipment, solar, and heat exchangers.

I am on the Advisory Board of the Small Business & Entrepreneurship Council (SBEC) in Washington DC - an influential voice for entrepreneurship and small business growth in the United States and across the globe. In have advised, invested in, and represented several technology startups (mobile payments, UAV, blockchain) from the Washington DC-area and Silicon Valley. In addition, I participate on the Piranha Tank, a live event that brings together accredited investors seeking deals and entrepreneurs seeking investment.

Prior to forming HEA, I was an equity partner for several years at a former top 25 intellectual property firm in Washington DC, where I divided my time between patent prosecution and litigation.

Practice Areas
  • Intellectual Property
  • Patents
  • Trademarks
Additional Practice Area
  • Copyright
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
Michigan
USPTO
Federal Circuit
U.S. District Court - Eastern District of Michigan
Languages
  • English: Spoken, Written
Professional Experience
Strategic Technology Advisor
Airgility, Inc.
- Current
Airgility™ is a leading designer and manufacturer of patent pending, hybrid, unmanned aerial systems (UAS) that offer broad operational impact and logistics.
Partner
HEA Law, PLLC
- Current
I am a founding partner of HEA Law, PLLC and counsel clients of all sizes, ranging from Fortune 500 corporations to startups, on intellectual property (IP) and business law matters. My practice is focused on management and monetization of IP portfolios, preparing and prosecuting patent and trademark applications, advising on freedom-to-operate matters, IP litigation (PTAB, ITC, District Court), and branding. I have prepared, filed and prosecuted hundreds of U.S. and foreign patent applications in fields such as automotive, autonomous vehicles, drones, artificial intelligence, medical devices, robotics, manufacturing systems, mobile payments, sporting equipment, solar, and energy. In addition, I have represented clients as lead and local counsel in state and federal courts and before the U.S. Patent and Trademark Office (USPTO) and the International Trade Commission (ITC) on patent (including design) and trademark matters.
Partner
Westerman, Hattori, Daniels & Adrian, LLP.
-
Intellectual property litigation, including §337 investigations. Intellectual property asset management.
Education
Case Western Reserve University School of Law
J.D. | Law
-
Case Western Reserve University
MBA | Business
-
University of Michigan - Ann Arbor
M.S. (2000) | Engineering
-
Honors: NIOSH Fellowship Recipient
Kettering University
B.S. | Engineering
-
Professional Associations
Kettering University Alumni Chapter - Washington, DC
Chairman
- Current
The Tower Club - Tysons Corner
Membership Committee - Ambassador
- Current
Small Business & Entrepreneurship Council (SBEC)
Advisory Board
- Current
Activities: Intellectual Property Advisor
Michigan State Bar # 67472
Member
- Current
Speaking Engagements
Cuozzo Decision Resolves Issues Which Have Emerged From AIA Post Issuance Reviews, Honyaku Center - IP Seminar, Tokyo, Japan
Honyaku Center, Inc.
Recent CAFC Decisions Concerning Patent Prosecution Impact on Claim Construction, Japan Intellectual Property Association (JIPA) - IP Seminar, Nagasaki, Japan
Japan Intellectual Property Association (JIPA)
Anti-Counterfeiting Strategies Using Utility Patents, Design Patents, Trademarks and Copyrights, Chizai Corporation - IP Seminar, Tokyo, Japan
Chizai Corporation
Patent Invalidity Procedures Under the AIA, Japan Machinery Center for Trade and Investment (JMC), Tokyo, Japan
Japan Machinery Center for Trade and Investment (JMC)
The Role of Intellectual Property in Your Business, University of Wyoming College of Business, Laramie, Wyoming
University of Wyoming College of Business
The KSR Impact on Obviousness, Tokyo Medical & Dental University, Tokyo, Japan
Tokyo Medical & Dental University
Discovery Issues in U.S. Patent Litigation, Japan Intellectual Property Association (JIPA), Washington, DC
Tokyo Medical & Dental University
Websites & Blogs
Website
Website
Legal Answers
5 Questions Answered

Q. What are the steps required to obtain a Freedom To Operate opinion on a patentable idea?
A: Contact a U.S. patent attorney with relevant technical and legal experience.
Q. Am I infringing on a patent?
A: I recommend contacting a patent attorney with litigation experience. FYI - Sect. 271. Infringement of patent … "whoever without authority makes, uses OR SELLS any patented invention, within the United States during the term of the patent therefor, infringes the patent."
Q. How do I file a patent for a potential consumer product and protect my intellectual property?
A: Contact an experienced patent attorney that is familiar with your technology.
Q. Recourse for original inventor excluded from patent application. I contest right of ownership.
A: I recommend contacting a patent attorney. Good luck!
Q. How long does it normally take for the patent office to review a patent?
A: The USPTO publishes a lot of really great statistical data. Check out this site: https://www.uspto.gov/dashboards/patents/main.dashxml. The answer to your question depends on the art unit of the application that awaits review. Click on "Pendency Data," then "First Office Action Pendency," and then "View a Comparison …" - https://www.uspto.gov/corda/dashboards/patents/kpis/kpiTCFirstActionPendency.kpixml. Looks like 11-21 months.
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Contact & Map
HEA Law, PLLC
440 Burroughs Street
Detroit, MI 48202
USA
Telephone: (571) 933-6437
HEA Law, PLLC
1765 Greensboro Station Place
9th Floor
McLean, VA 22102
USA
Telephone: (571) 933-6437