Jamie D. Underwood is a Washington, D.C. partner in the firm’s Intellectual Property Litigation Group, where she spearheads Alston & Bird’s Section 337 practice. Ms. Underwood specializes in working with clients to resolve Section 337 unfair import investigations and related enforcement issues before the U.S. International Trade Commission (ITC) and U.S. Customs and Border Protection.
An active participant in the intellectual property field, Ms. Underwood serves as an Executive Committee member of the ITC Trial Lawyers Association (ITCTLA); editor-in-chief of the ITCTLA's 337 Reporter; a co-chair on the International Trade Committee of the Federal Circuit Bar Association; and a vice chair on the Trademark Committee of the D.C. Bar's Intellectual Property Section. She is a regular speaker on intellectual property and e-discovery issues, and is also a contributor to the book entitled A Lawyer’s Guide to Section 337 Investigations Before the U.S. International Trade Commission, as well as the “Year in Review” published in The International Lawyer by the American Bar Association Section of International Law.
In addition to her practice before the ITC, Ms. Underwood has litigation experience in federal trial and appellate courts, where she has handled a variety of disputes involving trademarks, trade secrets, unfair competition, patents, copyrights, antitrust and complex commercial matters. She has also provided pro bono representation in political asylum, employment discrimination and appellate procedure cases before the U.S. Citizenship and Immigration Service, the U.S. District Court for the District of Columbia and the United States Supreme Court.
Ms. Underwood is admitted to practice in the District of Columbia and Maryland and before the U.S. Court of International Trade; the U.S. Courts of Appeals for the Federal Circuit, the District of Columbia Circuit, the Second Circuit and the Eleventh Circuit; and the U.S. District Court for the District of Columbia. She is conversant in German.
Prior to joining Alston & Bird, Ms. Underwood was a partner at Adduci, Mastriani & Schaumberg, an international trade firm well known in the Section 337 arena. She served as law clerk to the Honorable Frank Q. Nebeker, Chief Judge of the U.S. Court of Appeals for Veterans Claims as well as to the Honorable Truman A. Morrison, III of the Superior Court of the District of Columbia before entering private practice.
Ms. Underwood received her law degree from American University, magna cum laude. During law school, Ms. Underwood gained significant exposure to leading edge international law issues by completing an internship with the Hungarian Parliament, preparing materials for the War Crimes Tribunal for the former Yugoslavia and assisting as a Dean’s Fellow in the drafting of a book on the constitutional courts of Central and Eastern Europe.
- Toner Cartridges & Components Thereof, Inv. No. 337-TA-740. Secured a general exclusion order and cease and desist orders against both domestic and foreign respondents on behalf of complainant, a major provider of printing and imaging products, in an investigation in which the ALJ found Section 337 violations on summary determination with respect to each of the 15 patents at issue.
- Set-Top Boxes & Components Thereof, Inv. No. 337-TA-712. Successfully defended the respondent, a large cable television company, in an investigation in which the Commission found no Section 337 violation with respect to any of the five patents at issue.
- Printing & Imaging Devices & Components Thereof, Inv. No. 337-TA-690. Successfully defended respondents, global manufacturers and sellers of printers and related equipment in an investigation in which the Commission found no violation with respect to any of the five patents at issue.
- Noise Cancelling Headphones, Inv. No. 337-TA-626. Achieved a favorable settlement prior to trial for a prominent consumer electronics respondent.
- L-Lysine Feed Products, Their Methods of Production & Genetic Constructs For Production, Inv. No. 337-TA-571. Successfully defended respondents in an investigation in which the Federal Circuit confirmed the invalidity of the two patents at issue and upheld the findings by the ALJ and the Commission of no violation.
- Baseband Processor Chips & Chipsets, Transmitter & Receiver (Radio) Chips, Power Control Chips, & Products Containing Same, Including Cellular Telephone Handsets, Inv. No. 337-TA-543. Represented a third-party producer before the Federal Circuit in what became Kyocera Wireless Corporation v. ITC, Appeal Nos. 2007-1493 et seq. Overturned the issuance of a limited exclusion order against a manufacturer and importer of downstream products that was not named as a respondent in the underlying ITC proceeding and, thus, was never found to have violated Section 337.
- Ink Markers & Packaging Thereof, Inv. No. 337-TA-522. Secured a general exclusion order and a cease and desist order on behalf of the complainant, the largest writing products manufacturer in the world, in an investigation in which the ALJ found Section 337 violations on summary determination based on infringement of trademarks and trade dress.
Contributor, 2010 Year in Review, The International Lawyer American Bar Association Section of International Law, June 2011.
Contributor, “A Lawyer’s Guide to Section 337 Investigations Before the U.S. International Trade Commission,” American Bar Association Section of Intellectual Property Law, 2010.