Derek A. Auito

Derek A. Auito is a Partner in the Washington DC office of Dentons US LLP, focusing on Patent Law. He has focused his practice for the past fifteen years on strategic intellectual property counseling across a wide range of technologies.

Derek has substantial expertise in strategic IP counseling and global patent portfolio development and management. He provides primary outside patent counsel to a variety of clients, ranging from early-stage to established companies, across industries including automotive, clean energy, consumer products, medical devices, biotechnology and pharmaceutical, financial technology, artificial intelligence and blockchain, and industrial automation. His strategic counseling includes developing comprehensive IP strategies that maximise patent protection for lead products and services in light of development timelines.

As a registered patent attorney, Derek has written and prosecuted hundreds of utility and design patents covering mechanical, electrical and software technologies. He regularly conducts freedom to operate (FTO) analyses, drafts opinion letters of counsel, negotiates and drafts transactional agreements, performs IP audits, and formulates and implements IP strategies for both established and emerging growth companies.

He also draws upon his experience litigating IP disputes before federal courts, the US International Trade Commission (ITC), the United States Patent & Trademark Office (USPTO) and arbitration forums. His matters include claims for patent infringement, trademark infringement, trade secret misappropriation, unfair competition and commercial disputes.

Derek has vast knowledge of a broad range of intellectual property agreements, including licence agreements, asset transfer agreements, material transfer agreements, research and collaboration agreements, joint development agreements, research consulting agreements, co-branding agreements, co-existence agreements, software licences, software development agreements, and reseller, manufacturing and distribution agreements. He also maintains an active trademark practice, advising clients on branding strategies and trademark portfolio management involving trademark clearance, domestic and international trademark prosecution, and trademark protection strategies.

He is recognised in IAM 1000 as Recommended for United States: DC Metro Area, Prosecution (2025–2026), and was ranked a Top Patent Prosecution lawyer in the Patexia Patent Prosecution Intelligence Report (2025). IAM Patent 1000 has noted that “Derek’s experience and expertise go well beyond legal and IP, he has proven to be a valuable technology and commercial partner.”

While attending law school, he served as a judicial extern to the Honorable Kathleen M. O’Malley of the US District Court for the Northern District of Ohio. Before law school, he worked as a project engineer at Applied Safety & Ergonomics, Inc., a forensic engineering consulting firm specialising in ergonomics and human factors. He holds a JD from Case Western Reserve University School of Law (2003), an MS in Engineering from the University of Michigan (2000), and a BSE, with honors, from GMI Engineering and Management Institute (1998).