Free Consultation: (571) 933-6437Tap to Call This Lawyer
Darrin A. Auito

Darrin A. Auito

  • Intellectual Property, Patents, Trademarks
  • Michigan, USPTO
Claimed Lawyer ProfileQ&ASocial Media

I am an intellectual property attorney with over 14 years of experience focused on strategic counseling, patent prosecution (mechanical, electrical, software, design), IP litigation, counterfeit, 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 serve on the Business Growth Council (BGC) and on the Advisory Board of the Small Business & Entrepreneurship Council (SBEC) in Washington DC - influential voices for entrepreneurship and small business growth in the United States and across the globe. I have also advised, invested in, and represented several successful technology startups (mobile payments, UAV, blockchain).

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. Prior to that, I was a project engineer at Applied Safety & Ergonomics, Inc., an engineering consulting firm in Ann Arbor, Michigan.

Practice Areas
  • Intellectual Property
  • Patents
  • Trademarks
Additional Practice Area
  • Copyright
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
Placeholder image for jurisdictions.
Placeholder image for jurisdictions.
Federal Circuit
Placeholder image for jurisdictions.
U.S. District Court - Eastern District of Michigan
Placeholder image for jurisdictions.
  • English: Spoken, Written
Professional Experience
Advisory Board Member
American Esports
- Current
American Esports is the first organization to provide a cohesive products and services solution for the esports industry. Our Company is focused on supporting the non-professional gaming community by building an infrastructure of esports centers around the country and offering gaming options that span the entire lifecycle of esports.
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.
Advisory Board Member
Small Business & Entrepreneurship Council (SBEC)
- Current
The Small Business and Entrepreneurship Council (SBE Council) is a 501c(4) advocacy, research and education organization dedicated to protecting small business and promoting entrepreneurship. Our network of supporters, including entrepreneurs and small business owners, state and local business organizations, corporate partners and associations work with us to strengthen the environment for robust entrepreneurship, investment, innovation and small business growth.
- 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.
Westerman, Hattori, Daniels & Adrian, LLP.
Intellectual property litigation, including §337 investigations. Intellectual property asset management.
Case Western Reserve University School of Law
J.D. | Law
Case Western Reserve University School of Law Logo
Case Western Reserve University
MBA | Business
Case Western Reserve University Logo
University of Michigan - Ann Arbor
M.S. (2000) | Engineering
Honors: NIOSH Fellowship Recipient
University of Michigan - Ann Arbor Logo
Kettering University
B.S. | Engineering
Placeholder image for education.
Professional Associations
Kettering University Alumni Chapter - Washington, DC
- Current
Placeholder image for professional associations.
The Tower Club - Tysons Corner
Membership Committee - Ambassador
- Current
Placeholder image for professional associations.
Small Business & Entrepreneurship Council (SBEC)
Advisory Board
- Current
Activities: Intellectual Property Advisor
Placeholder image for professional associations.
Michigan State Bar # 67472
- Current
Placeholder image for professional associations.
Speaking Engagements
Intellectual Property Essentials for Engineers: Patents, Trademarks, Copyrights & Trade Secrets, Engineering Law & Ethics, Fairfax, Virginia
HalfMoon Education, Inc.
Understanding 35 USC 102(a) and (b) - Post AIA, Taipei, Taiwan
Indefiniteness: Post Nautilus v Biosig Instruments, Tokyo, Japan
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
Legal Answers
6 Questions Answered

Q. I started a band and came up with the band name. The band became successful and then fired me.
A: You should contact an intellectual property attorney with trademark experience. You might have rights in the band name. Depends on the facts.
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: 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 …" - Looks like 11-21 months.
Click here to see all answers
Contact & Map
440 Burroughs Street
Detroit, MI 48202
Telephone: (571) 933-6437
1765 Greensboro Station Place
9th Floor
McLean, VA 22102
Telephone: (571) 933-6437