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D. Michael Underhill

Washington, DC

t: 202 274 1120
f: 202 237 6131
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Areas of Practice


Employment / FLSA

Intellectual Property


Duke University School of Law, J.D., with distinction, 1982

Carnegie Mellon University, B.S., Engineering and Public Policy (Civil Engineering), 1981


District of Columbia; United States Supreme Court; United States Courts of Appeals: Federal, D.C. Third and Fourth Circuits; United States District Courts: D.C., Arizona and Colorado

D. Michael Underhill is a trial lawyer with jury and bench trial experience.  He regularly handles patent and trade secret cases, and leads our Intellectual Property Practice. 

Examples of Mr. Underhill's recent representations include lead trial and appellate counsel defending a major medical device manufacturer whose stents were accused of patent infringement; lead counsel for a cargo winch manufacturer who defeated a competitor's allegations of patent infringement on summary judgment;  lead counsel in a state court action where a medical device manufacturer alleged misappropriation of trade secrets by a competitor;  lead counsel in the ongoing defense of a major consumer products company accused of patent infringement; lead trial counsel in defending a telecommunications provider whose electronic billing system was accused of patent infringement; trial counsel in a bench trial where a foreign client's U.S. subsidiary successfully enforced its compact disc patent against a U.S. competitor; and lead counsel in a series of patent enforcement actions brought by a pioneer in the internet auction business. 

Mr. Underhill has also handled cases arising out of employees' alleged misappropriation of their employers' technology and other confidential information, including cases requiring him to coordinate simultaneous legal proceedings in multiple countries.  In one case, he represented a foreign electronics manufacturer in a preliminary injunction proceeding against a U.S. competitor, where the client's engineers and CEO had recently joined the competitor.  Following extensive discovery and a foreign criminal investigation, the defendant agreed to purchase the client's business.  Mr. Underhill also has experience working with the FBI in investigating trade secret theft.  He has also handled a wide variety of other labor and employment related cases.

Mr. Underhill has more than twenty-five years experience as a litigator with our firm and at two other prominent law firms.  He has spoken and written on various litigation and intellectual property topics, including willful infringement, patent damages, trade secret protection, litigation sanctions, and e-mail monitoring.  He has also lectured at the University of Virginia Law School, and teaches patent litigation at George Washington University Law School.  He has an AV Martindale-Hubbell rating. 

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