About me

Address: Philadelphia: 1735 Market Street, 12th Floor, Philadelphia, PA 19103-7501

Areas of Focus: Intellectual Property; Patent Litigation; Pro Bono; Supreme Court & Appellate: IP ; SEP/FRAND Disputes

Biography:
Dr. Jonathan Underwood is experienced in all phases of patent infringement litigation, including abbreviated new drug application (ANDA) litigation, at the trial and appellate level. With a focus on complex life science patent infringement matters, Jon is highly regarded for his work on ANDA litigations and major cases involving antibody technology and vaccine technologies.
Defending clients in patent infringement suits and asserting clients’ patent rights, Jon also counsels clients on strategic IP decisions. In addition, Jon represents clients in litigation before the U.S. Patent and Trademark Office (USPTO) in inter partes review (IPR) proceedings.
As a Ph.D. organic chemist, Jon draws on his technical background and advises clients on matters involving small molecules and other issues involving molecular biology and pharmacology. Jon brings his experience as a post-doctoral research chemist, college educator and U.S. District Court judicial clerk to develop clear, winning strategies that resound with fact-finders who lack technical expertise.

Representative Work:
- Represented a pharmaceutical discovery and development company in a series of ANDA cases, involving a prostate cancer drug, against a number of companies seeking to market a generic version before the expiration of patents listed in the Approved Drug Products with Therapeutic Equivalence Evaluations (Orange Book).
- Represented a pharmaceutical company in ANDA litigation related to methods of treating schizophrenia and related disorders (D.N.J.).
- Represented a pharmaceutical company in ANDA litigation related to chemical synthesis of opioids (D. Del.).
- Represented a pharmaceutical company in defending against a complex patent infringement suit involving myriad patents relating to vaccines to treat meningitis B (D.N.J.).
- Represented a pharmaceutical company in defending against a complex patent infringement suit involving multiple patents relating to antibody therapies for lowering cholesterol (D.Del.).
- Represented medical device company in defending against patent infringement suit involving surgical screws (D. Mass).

Credentials:
Education: J.D., Cornell Law School, 2014; Ph.D., University of Southampton, 2003; B.Sc., University of Southampton, 1999 (with honors)
Bar Admissions: Pennsylvania, 2014; U.S. Patent and Trademark Office, 2018
Court Admissions: U.S.D.C., Eastern District of Pennsylvania
Clerkships: U.S.D.C., Eastern District of Pennsylvania

Recognitions:
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Affiliations:
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Insights:
- Warp Speed to Two Forums: Court of Federal Claims Retains Jurisdiction Despite Parallel District Court Suit (July 22, 2026): https://www.akingump.com/en/insights/blogs/ip-newsflash/warp-speed-to-two-forums-court-of-federal-claims-retains-jurisdiction-despite-parallel-district-court-suit
- SCOTUS Unanimously Holds that Affirmative, Purposeful Conduct is Required to Allege Induced Infringement in Skinny Label Case (June 5, 2026): https://www.akingump.com/en/insights/blogs/ip-newsflash/scotus-unanimously-holds-that-affirmative-purposeful-conduct-is-required-to-allege-induced-infringement-in-skinny-label-case
- 11 Akin Lawyers Named to 2026 IAM Patent 1000  (June 3, 2026): https://www.akingump.com/en/insights/awards-and-accolades/11-akin-lawyers-named-to-2026-iam-patent-1000
- Failure to Meet Plausibility Requirement Dooms Patent Infringement Complaint Notwithstanding Simplicity of Technology at Issue (March 12, 2026): https://www.akingump.com/en/insights/blogs/ip-newsflash/failure-to-meet-plausibility-requirement-dooms-patent-infringement-complaint-notwithstanding-simplicity-of-technology-at-issue
- Try, Try Again: District Court Orders Quarreling Parties to Reach Agreement Concerning Scope of FDA and Patent Prosecution Bar Without Court Intervention  (March 12, 2026): https://www.akingump.com/en/insights/blogs/ip-newsflash/try-try-again-district-court-orders-quarreling-parties-to-reach-agreement-concerning-scope-of-fda-and-patent-prosecution-bar-without-court-intervention
- When a Complaint Misses the Mark: ‘Shotgun Pleading’ Prompts Dismissal Without Prejudice (February 24, 2026 ): https://www.akingump.com/en/insights/blogs/ip-newsflash/when-a-complaint-misses-the-mark-shotgun-pleading-prompts-dismissal-without-prejudice
- Court Denies Motion to Compel Where Broad Request for Communications Exceeded Narrow ‘Impetus’ for Discovery (February 13, 2026 ): https://www.akingump.com/en/insights/blogs/ip-newsflash/court-denies-motion-to-compel-where-broad-request-for-communications-exceeded-narrow-impetus-for-discovery
- Plaintiffs’ ‘Strategic Decision’ to Respond to Expert’s Untimely Invalidity Theories Dooms Motion to Strike (February 12, 2026): https://www.akingump.com/en/insights/blogs/ip-newsflash/plaintiffs-strategic-decision-to-respond-to-experts-untimely-invalidity-theories-dooms-motion-to-strike
- Ineffective Retroactive Amendment of Patent Assignment Dooms $20 Million Damages Verdict  (December 18, 2025): https://www.akingump.com/en/insights/blogs/ip-newsflash/ineffective-retroactive-amendment-of-patent-assignment-dooms-dollar20-million-damages-verdict
- Delaware District Court Clarifies That Enhanced Damages Are a Form of Relief, Not a Claim That Can Be Dismissed on a Motion under Rule 12(b)(6) (December 15, 2025): https://www.akingump.com/en/insights/blogs/ip-newsflash/delaware-district-court-clarifies-that-enhanced-damages-are-a-form-of-relief-not-a-claim-that-can-be-dismissed-on-a-motion-under-rule-12b6
- Delaware District Court Judge Maintains View That the Operative Complaint Cannot Provide Requisite Knowledge for Post-Suit Indirect or Willful Infringement in a Lawsuit (December 5, 2025): https://www.akingump.com/en/insights/blogs/ip-newsflash/delaware-district-court-judge-maintains-view-that-the-operative-complaint-cannot-provide-requisite-knowledge-for-post-suit-indirect-or-willful-infringement-in-a-lawsuit
- Pre-Suit Willfulness Sufficiently Pleaded Where Detailed Facts Support Defendant’s Involvement in Opposition Proceeding of Related Patent and Participation in Relevant Industry (November 17,2025 ): https://www.akingump.com/en/insights/blogs/ip-newsflash/pre-suit-willfulness-sufficiently-pleaded-where-detailed-facts-support-defendants-involvement-in-opposition-proceeding-of-related-patent-and-participation-in-relevant-industry