Colin Underwood

Phone212 504 6650

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Experience & Credentials
 

Practice Areas

  • Antitrust
  • Commercial Litigation
  • Patent & Trade Secret Litigation
  • Intellectual Property
  • Litigation
 
Contact InfoTelephone: 212 504 6650
Fax: 212 504 6666
http://www.cadwalader.com/professionals/colin-underwood
 
University University of Michigan (B.S., 1984; M.S., 1985)
 
Law SchoolYale University Law School, J.D., 1990
 
Admitted1990, New York; 1991, U.S. District Court, Eastern and Southern Districts of New York; 2000, U.S. Court of Appeals, First and Fifth Circuits; 2001, U.S. Court of Appeals, Federal and District of Columbia Circuits; 2003, U.S. Court of Appeals, Second Circuit
 
Biography

Colin Underwood, a partner in the Litigation Department, focuses on complex commercial litigation, with an emphasis on antitrust and intellectual property. He has extensive experience in representing clients in the pharmaceutical industry in all types of disputes, from patent infringement litigation to contract disputes. In 2013, he successfully represented a client in arbitration against claims arising from a joint development agreement, and advised another client in connection with similar claims which were resolved without the need for arbitration. He previously obtained a significant litigation victory for a small biotechnology client asserting breach of license claims against a major pharmaceutical manufacturer. He also successfully represented another biotechnology client in an international arbitration to resolve a licensing dispute, and litigated on behalf of a generic pharmaceutical company asserting antitrust claims against another generic manufacturer for having delayed its competitor's entry into the market.

Colin also has experience representing clients in the beverage industry, including the defense of a worldwide beverage company against claims that it had breached its bottling agreement with a major foreign bottling entity, and ongoing litigation concerning the corporate control and management of another large beverage company.

In the patent field, Colin has handled cases involving pharmaceutical formulations and methods as well as those in computer and technology fields. In 2007, Colin represented a major French cellular telephone company in litigation against the provider of network equipment that had failed, taking the telephone system out of service. More recently, he represented the men's professional tennis tour, ATP Tour, Inc., against antitrust claims brought by the owners of the Hamburg tennis tournament. After a two-week jury trial, the ATP prevailed on all counts.

Colin also advises clients on antitrust compliance issues and in connection with merger analyses, and has represented clients before the Department of Justice Antitrust Division and the Federal Trade Commission.

Among his reported cases are:

Move v. REAL, 709 F.3d 1117 (Fed. Cir. 2013)
Deutscher Tennis Bund v. ATP Tour, Inc., 610 F.3d (3d Cir. 2010)
Compania Embotelladora de Pacifico, S.A. v. Pepsi Cola Co., 650 F.Supp.2d 314 (S.D.N.Y. 2009)
Eli Lilly & Co. v. Emisphere Technologies, Inc., 408 F. Supp. 2d 668 (S.D. Ind. 2006)
Geneva Pharmaceuticals Tech. Corp. v. Barr Labs, Inc., 386 F.2d 485 (2d Cir. 2004).

He is a member of the New York State Bar Association (Intellectual Property Law Section, International Law and Practice Section), and the American Bar Association (Antitrust Section, Intellectual Property Section, Litigation Section, Committee on Computer Litigation, Committee on Antitrust Litigation).

Colin earned his B.S. in Mathematics and Computer Science with highest distinction and Phi Beta Kappa, as well as his M.S. in Computer Science, from the University of Michigan. He received his J.D. from Yale Law School, where he served as Production Editor of the Yale Law Journal. Following law school Colin was a clerk for the Hon. Robert W. Sweet of the U.S. District Court for the Southern District of New York.

Colin is admitted to practice in the State of New York and before the U.S. District Courts for the Eastern and Southern Districts of New York, the Eastern District of Michigan, and the Eastern District of Wisconsin; and the U.S. Court of Appeals for the Federal Circuit , the District of Columbia Circuit, and the First, Second, Third and Fifth Circuits.

News Releases

• Cadwalader Recognized with Multiple Legal Aid Society Awards Oct 25, 2013

Recognition

• Cadwalader Recognized with Multiple Legal Aid Society Awards Oct 25, 2013

Articles

• Breaking Symmetry: Do Recent Circuit Decisions Threaten the Core Balance Struck by Congress in Enacting the Hatch-Waxman Act? Sep 12, 2002

Newsletter

IP Insight

U.S. Federal Courts

• Supreme Court, in FTC v. Actavis, Rejects the “Scope of the Patent” Test, Holding that Antitrust Law's “Rule of Reason” Analysis Can Pierce the Shield of Patent Rights Jul 09, 2013

• Supreme Court Rules that a Naturally Occurring DNA Segment Is Not Patent Eligible, But cDNA May Be Patent Eligible Jul 09, 2013

• Federal Circuit Rules on Patentability of Business Method Patent Jul 09, 2013

• The Federal Circuit Has Jurisdiction over Appeals in Which Damages and Willfulness Remain Unresolved Jul 09, 2013

• Federal Circuit Clarifies Standards for a Clinical Trial to Be Public Use Jul 09, 2013

 
ISLN901891059
 
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Office Information

Colin Underwood


New YorkNY 10281-0006




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