Photo of Brian H. Pandya

Education

J.D., cum laude, University of Michigan Law School

B.S., with honors and high distinction, The Pennsylvania State University

Law Journals

Articles Editor, Michigan Telecommunications and Technology Law Review

Clerkships

Law Clerk for the Honorable Leonard Davis, U.S. District Court for the Eastern District of Texas (2005)

Bar and Court Admissions

District of Columbia Bar

Virginia Bar

Supreme Court of the United States

U.S. Courts of Appeals for the Fourth, Ninth, and Federal Circuits

U.S. District Courts for the District of Columbia, Eastern District of Texas, and Eastern District of Virginia

U.S. Court of Federal Claims

U.S. Patent and Trademark Office

District of Columbia Court of Appeals

Supreme Court of Virginia

Brian is a trial and appellate attorney specializing in IP litigation. He has represented leading technology and pharmaceutical companies in tribunals across the United States and internationally, including the Supreme Court, Federal Circuit, Ninth Circuit, federal district courts in Virginia, Texas, Delaware, California, Nevada, Illinois, and Massachusetts, the Patent Trial and Appeal Board (PTAB), the Court of Federal Claims, in private arbitrations and mediations, and before the International Centre for the Settlement of Investment Disputes (ICSID).

In addition to his litigation practice, Brian has advised clients on open-source software transactions, patent licensing, copyright and trademark matters, and public policy issues such as patent reform legislation. A frequent speaker and writer, Brian was recognized by The Legal 500 US for his work in Supreme Court and appellate matters, noting that he is “widely esteemed” (2015). Brian has been quoted in publications such as Forbes, Bloomberg BNA, Metropolitan Corporate Counsel, and the San Francisco Chronicle and has spoken to legal and business groups in the United States, Europe, and India.     

Representative Experience

  • Representing Ireland's largest telecommunications software company in a major patent infringement lawsuit in the Eastern District of Virginia. Ran the case from the answer through fact and expert discovery to summary judgment and appeal, while working closely with the company founders, business executives and senior technical staff to develop the litigation strategies.
  • Representing a publicly traded Dutch company in over a dozen lawsuits related to GPS devices, mapping software, location-based services, telematics, telemetry, Bluetooth chipsets, and touchscreen keyboards. Many cases involved working with UK and EU counsel to coordinate cross-border litigation and discovery. Victories include invalidity and non-infringement verdicts at summary judgment and numerous favorable settlements. 
  • Representing the interests of the largest manufacturing association in the United States and its more than 14,000 members in a NAFTA Chapter 11 arbitration relating to the expropriation of patent rights and the fair and equitable treatment of manufacturers’ investments in intellectual property. 
  • Representing a leading fabless semiconductor company and its customers in infringement lawsuits relating to Reduced Instruction Set Computing (RISC) architectures.
  • Drafted and filed, on behalf of a major U.S. bank, the first ever Covered Business Method (CBM) Review filed at the PTAB by a financial institution. The PTAB found the patent-at-issue unpatentable under Section 101.
  • Representing multiple banks in patent infringement lawsuits in the Eastern District of Texas involving online banking, mobile banking apps, and remote deposit capture technologies.
  • Representing pharmaceutical companies in multiple Hatch-Waxman Act trials in Delaware and New York. Obtained winning trial verdicts on behalf of clients seeking to launch generic versions of drugs such as Prilosec and Amrix.
  • Counseling a regulated public utility on data rights and data retention issues and pre-litigation best practices.
  • Prosecuting multiple patent applications and conducting IP due diligence for a multi-billion dollar medical device company, and developing IP training and best practices modules for a leading government contractor.
  • Extensive pro bono practice, including filing a habeas corpus petition on behalf of a U.S. Immigration and Customs Enforcement (ICE) detainee, representing disabled military veterans, and assisting Libyan graduate students seeking political asylum from the Gadhafi regime.

Affiliations

  • American Bar Association (ABA), Section of Intellectual Property Law, Patent Litigation Committee
    • Co-Chair, Section 101 Subcommittee (2008-2012)
    • Co-Chair, NPE Litigation Subcommittee (2012-2013)
  • Eastern District of Texas Bar Association, Bench and Bar Conference Planning Committee (2011-Present)
  • Fellow, Leadership Council on Legal Diversity (LCLD) (2016)
  • National Association of Manufacturers, IP Issue Advisory Group (2015-present)
  • Federal Bar Association (FBA), Northern Virginia Chapter (2013-Present)
  • Virginia Bar Association (VBA), Membership Committee (2014-2015)

Recognitions

  • Named one of DC's "Rising Stars" for Intellectual Property Litigation by Super Lawyers magazine (2014-2016)
  • Named by The Legal 500 US as a “recommended lawyer” in Supreme Court and Appellate Law (2015)
  • Pro Bono Advocacy Award, Federal Circuit Bar Association (2011, 2012)

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