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 (2004-2005)

Bar and Court Admissions

District of Columbia Bar

Virginia Bar

Supreme Court of the United States

U.S. Courts of Appeals for the Third, 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 represents technology and pharmaceutical companies in patent litigation and other complex legal matters. Brian has argued multiple appeals at the Federal Circuit and has first-chair courtroom experience running cases in district courts across the country. He has substantial experience briefing and arguing dispositive motions and has authored numerous petitions and briefs filed at Courts of Appeals, the U.S. Supreme Court, and the Patent Trial and Appeal Board (PTAB).

Brian also often files amicus briefs for trade associations, advises clients on public policy issues such as patent reform legislation, and represents clients on licensing matters. A frequent speaker and writer, Brian has been quoted in publications such as The Wall Street JournalForbes, and Bloomberg BNA, and has spoken to legal and business groups in the United States, Europe, and India. Brian founded and co-chairs the firm’s Minority Attorney Affinity Group, and in 2016, he served as the firm’s inaugural Leadership Council on Legal Diversity (LCLD) Fellow.

Representative Experience

  • Defending a $60 million willful infringement claim brought against a leading maker of mapping and navigation software. Non-infringement verdict fully affirmed by the Federal Circuit.
  • Representing a leading pharmaceutical company in a Hatch-Waxman Act dispute related to the synthesis of anti-retroviral (ARV) medications and intermediates.  
  • Representing a start-up telecommunications software company in a long-running patent infringement lawsuit in the Eastern District of Virginia. 
  • Obtaining in the U.S. Court of Federal Claims a settlement and stipulated judgment for the Army’s alleged infringement of patents related to laser weapon systems. Case profiled by the National Law Journal as among the “largest infringement award[s]” of the year.       
  • Defending a publicly traded Dutch company in numerous lawsuits related to GPS devices and maps. Extensive experience working with UK and EU counsel to coordinate cross-border litigation strategies and discovery. Obtained multiple verdicts of invalidity and non-infringement affirmed by the Federal Circuit and leveraged many favorable settlements.  
  • Representing the largest manufacturing association in the United States in a NAFTA Chapter 11 arbitration before the International Centre for the Settlement of Investment Disputes (ICSID) concerning the fair and equitable treatment of manufacturers’ investments in intellectual property.
  • Representing a leading fabless semiconductor company and its customers in multiple matters, including investigations before the U.S. International Trade Commission (USITC), concerning Reduced Instruction Set Computing (RISC) architectures for graphic accelerators. 
  • Representing generic and specialty pharmaceutical companies in numerous ANDA PIV and 505(b)(2) disputes over cancer therapies, skeletal muscle relaxants and other pain relievers, proton pump inhibitors, and genotyping assays.  
  • Representing businesses and websites in trademark, ACPA, and CFAA disputes, including successfully obtaining multiple judgments in the Eastern District of Virginia ordering the return of domain names to their lawful owners.
  • Advising equipment manufacturers, particularly in the oil and gas sector, on non-infringing designs for new products.
  • Analyzing clients’ patent portfolios to develop offensive and defensive patent licensing and monetization strategies. 
  • Advising consumer electronics companies on compliance matters related to FRAND patent licenses and GPL/LGPL open-source software licenses.     
  • 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 financial institutions in patent infringement lawsuits involving online banking, mobile banking apps, and remote deposit capture technologies.
  • Counseling a regulated public utility on data rights and data retention issues.
  • 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 a “recommended lawyer” in Supreme Court and Appellate Law (2015)
  • Pro Bono Advocacy Award, Federal Circuit Bar Association (2011, 2012)

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