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 litigator who focuses on patent litigation and intellectual property issues.  Brian’s practice is national in scope, having argued or tried cases before the Federal Circuit, Ninth Circuit, district courts in Texas, Virginia, Delaware, California, Nevada, Illinois, New York, Utah, and Massachusetts, the Patent Trial and Appeal Board (PTAB), and the Court of Federal Claims.  Brian also counsels technology companies facing legal threats, including indemnity demands, license agreements, arbitrations, and anti-counterfeiting/piracy measures. As a former Eastern District of Texas law clerk now practicing in Washington, DC, Brian is uniquely positioned to advise clients on patent policy issues. He has advised industry-leading companies on the patent reform legislation and has authored amicus briefs, white papers, and case analyses for clients.

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.  Brian currently serves on the National Association of Manufacturers IP Issue Advisory Group, and since 2011, Brian has served on the Planning Committee for the Eastern District of Texas Bench & Bar Conference.

Representative Experience

  • Representing Ireland's largest privately-owned software company in a multi-patent lawsuit filed in the Eastern District of Virginia by a large Israeli software company. Ran the case from the answer through appeal, worked with business executives and senior technical staff to develop a proactive litigation strategy to counter the infringement allegations, and authored Federal Circuit and summary judgment briefs.
  • Representing a large publicly traded Dutch company in over a dozen lawsuits related to GPS devices, maps, location based services, telematics, telemetry, Bluetooth chipsets, and touchscreen keyboards.  Victories include invalidity and non-infringement verdicts at summary judgment and numerous favorable settlements.

  • 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 involving online banking, mobile banking apps, and remote deposit capture technologies. In one case, Brian was chosen to argue claim construction and indefiniteness on behalf of all defendants in the case (over one dozen national banks).
  • Authoring Supreme Court amicus briefs at the certiorari and merits stages. Brian's amicus briefs, discussing both the real-world cost of patent litigation and historical standards of appellate review, submitted in Highmark v. Allcare on behalf of the nation's largest health insurance provider, drew praise and were cited by multiple business and legal media outlets.
  • Representing generic pharmaceutical companies in multiple Hatch-Waxman Act trials involving a variety of products, including cyclobenzaprine HCl, omeprazole, erlotinib, dutasteride, and doxycycline hyclate. Helped obtain trial verdicts of non-infringement and obviousness.
  • Authoring Federal Circuit briefs on numerous issues, including patent infringement, damages, attorney's fees, and antitrust liability.
  • 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 developed 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)
  • National Association of Manufacturers, IP Issue Advisory Group, Co-Chairman (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 (2014-2015)
  • 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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