For a decade, Jamie Underwood has been recognized as a Section 337 leader by Chambers, IAM Patent 1000, The Legal 500, and/or Best Lawyers. She is a Co-Chair of Latham’s International Trade Commission (ITC) Practice and partner in the Intellectual Property Litigation Practice, coming to Latham after heading another multinational law firm’s Chambers-ranked ITC department for seven years.

Ms. Underwood uses her lead counsel experience to resolve Section 337 investigations before the ITC, Customs, and the Federal Circuit, handling more than 60 such actions covering a wide range of products and industries. Her Section 337 prowess extends beyond the halls of the ITC. She has qualified and testified as an expert in ITC-related arbitration. She also advises entities on patent and trade policy issues before Congress, federal agencies, and the Administration.

Beyond the ITC, Ms. Underwood litigates cases in federal trial and appellate courts involving patent, trade secret, trademark, trade dress, false advertising, copyright, antitrust, and complex commercial questions. She regularly serves as faculty for associate trial advocacy training and has directed Latham’s D.C. Women Enriching Business Committee. She also has represented pro bono clients before Immigration Services, the US District Court for the District of Columbia, and the United States Supreme Court.

Ms. Underwood keeps stakeholders abreast of leading-edge legal developments through her involvement in the ITC and IP communities. She co-chairs the Legislative Committee for the ITC Trial Lawyers Association and is a Fellow of the American Bar Foundation. She speaks and writes regularly on ITC, IP, and trade, including contributions to A Lawyer’s Guide to Section 337 Investigations Before the US International Trade Commission. Ms. Underwood has taught Section 337 law at Georgetown University, Catholic University, and University of Baltimore. She was President and Board member of the Federal Circuit Bar Association and a Vice Chair of the IPO's ITC Committee. For several years, she participated on the global stage as an NGO delegate at multiple World Trade Organization Ministerial Conferences.

Prior to private practice, Ms. Underwood clerked at the US Court of Appeals for Veterans Claims and DC Superior Court. She worked at the DC US Attorney’s Office, with the War Crimes Tribunal for the former Yugoslavia, and as a Dean’s Fellow researching a book on constitutional courts of Central and Eastern Europe. Ms. Underwood also lived in Germany, Austria, and Hungary, which included a post at the Hungarian Parliament and time at the Vienna University of Economics and Business.

Ms. Underwood’s experience includes: 

ITC Litigation

  • Hybrid Electric Vehicles & Components Thereof, Inv. No. 337-TA-1042. Defended automotive company in high-stakes action involving products key to US environmental goals. Drove complainant to drop one full patent and many other claims from remaining patents. Prevented summary determination orders. Provided counsel on novel procedural/policy issues.*
  • Hand Dryers & Housings for Hand Dryers, Inv. No. 337-TA-1015. Developed a cost-effective solution for client via consent order. Implemented prudent resolution to satisfy business objectives.*
  • Carbon & Alloy Steel Products, Inv. No. 337-TA-1002. Attained no violation on unique claims with implications for US trade policy. False designation of origin claim was dismissed on summary determination. Antitrust claim, which has not been pled for decades, was dismissed. Included rare public interest hearing at the Commission level.*
  • Hybrid Electric Vehicles & Components Thereof, Inv. No. 337-TA-998. Counseled third party automotive client on policy ramifications of remedy sought by complainant. Drafted public interest comments addressing same.*
  • Radiotherapy Systems & Treatment Planning Software & Components Thereof, Inv. No. 337-TA-968. Negotiated withdrawal of emergency trial subpoena. Evaluated potential enforcement issues. Met strategic goals of client without motions practice.*
  • Audio Processing Hardware & Software & Products Containing Same, Inv. No. 337-TA-949. Litigated second ITC 100-day program matter. Drove termination of investigation based on complainant’s withdrawal of the complaint against client – a top computer manufacturer.*
  • Electric Paper Towel Dispensing Devices & Components Thereof, Inv. No. 337-TA-718. Liaised with Customs and ports to enforce a general exclusion order and cease and desist orders against domestic and foreign respondents on behalf of complainant – one of the largest manufacturers/distributors of paper goods.*
  • Set-Top Boxes & Components Thereof, Inv. No. 337-TA-712. Defeated infringement claims for all five patents at issue for respondent – a well-known cable television company.*
  • Printing & Imaging Devices & Components Thereof, Inv. No. 337-TA-690. Procured a no violation result on all five patents at issue for respondents – global manufacturer/sellers of printers and related equipment.*
  • 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. Protected respondents’ interests in a case where the Federal Circuit affirmed invalidity of patents at issue and upheld a no violation finding by the ALJ and the Commission.*
  • Baseband Processor Chips & Chipsets, Transmitter & Receiver (Radio) Chips, Power Control Chips, & Products Containing Same, Including Cellular Telephone Handsets, Inv. No. 337-TA-543. Intervened for third party producer before the Federal Circuit in what became Kyocera Wireless Corporation v. ITC, Appeal Nos. 2007-1493 et seq. Overturned limited exclusion order for entities not named as respondents.*
  • Ink Markers & Packaging Thereof, Inv. No. 337-TA-522. Won general exclusion order and a cease and desist order for complainant – a renowned writing products manufacturer. Violation found on summary determination based on infringement of trademarks and trade dress.*

Public Policy & Expert Engagements

  • Nokia Public Policy Initiative. Spearheaded advocacy on the Hill and before the Administration involving IP reforms. Led discussions on front-line patent and ITC issues. Shaped content and interpretation of existing and proposed laws.*
  • Confidential Expert Engagement. Hired and accepted as Section 337 expert in legal malpractice arbitration to opine on standard of care at the ITC. Arbitrator found in favor of client, based in part on expert report and testimony.*

*Matter handled prior to joining Latham

Bar Qualification

  • District of Columbia
  • Maryland

Education

  • BA in Communications & German Business and Commercial Studies Concentration, University of Illinois
  • JD, American University
    magna cum laude