Darrin A. Auito
HEA Law, PLLC
I am an intellectual property attorney and business advisor (JD/MBA/MSE) with 15 years of experience counseling clients on a range of matters, including cost-effective portfolio development, patent preparation and prosecution, trademark and brand protection, litigation, licensing, 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.
I have prepared, filed and prosecuted thousands of patent applications in fields such as automotive, autonomous vehicles, blockchain, drones, AI, medical devices, manufacturing systems, mobile payments, sporting equipment and heat exchangers.
I have assisted clients on branding strategies, including advising on selection of new trademarks, conducting clearance searches, filing applications, and asserting and defending trademarks in district court and at the Trademark Trial and Appeal Board.
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 also advise and represent several technology startups in the mobile payment, UAV, blockchain, and esports industries.
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.
- Case Western Reserve University School of Law
- J.D. | Law
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- Case Western Reserve University
- MBA | Business
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- University of Michigan - Ann Arbor
- M.S. (2000) | Engineering
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- Honors: NIOSH Fellowship Recipient
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- Kettering University
- B.S. | Engineering
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- 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.
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- 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)
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- 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.
- Partner
- HEA Law, PLLC
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- 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.
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- Intellectual property litigation, including §337 investigations. Intellectual property asset management.
- 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)
- Kettering University Alumni Chapter - Washington, DC
- Chairman
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- The Tower Club - Tysons Corner
- Membership Committee - Ambassador
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- Small Business & Entrepreneurship Council (SBEC)
- Advisory Board
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- Activities: Intellectual Property Advisor
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- Michigan State Bar # 67472
- Member
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- Michigan
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- USPTO
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- Federal Circuit
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- U.S. District Court - Eastern District of Michigan
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- Free Consultation
- Credit Cards Accepted
- Contingent Fees
- Intellectual Property
- Patents
- Patent Appeals, Patent Litigation, Patent Prosecution
- Trademarks
- Trademark Litigation, Trademark Registration
- Copyright
- English: Spoken, Written
- Q. If I take a photograph of the U.S. Capitol building, can I use it as part of the cover art for my novel?
- A: Yes - If you took the photo, then you own the image under US Copyright law.
- Q. How can POPSOCKETS LLC take down my product listings on marketplaces such as Amazon and Walmart?
- A: One time is frustrating, but 150 times in a matter of weeks? Wow. It looks like you have an earlier first use in commerce date between the trademarks identified in your post. However, Popsockets LLC owns a fairly large portfolio of marks comprising the word "POPS." You should speak to a U.S. trademark attorney, more specifically one with experience handling Amazon takedown requests. Don't rely on legal advice from anybody on Justia boards.
- Q. I was contacted by someone who says they own the trademark to a brand that I have been using since 2008. They filed 2015
- A: One option is to file a petitions for cancellation of their trademark - priority. Consult a trademark attorney to discuss your situation so that you take appropriate action to protect your brand. Good luck!
- Website
- Website