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 issues. A trial and appellate litigator, Brian has argued multiple appeals at the Federal Circuit and managed significant cases in courts across the country, with extensive experience in the Eastern District of Virginia, District of Delaware, Eastern District of Texas, and the U.S. Court of Federal Claims. He has led briefing on numerous petitions and briefs filed at the U.S. Supreme Court, Courts of Appeals, the Patent Trial and Appeal Board (PTAB), and the International Centre for the Settlement of Investment Disputes (ICSID). 

In addition to his patent litigation practice, Brian often files amicus briefs for trade associations; represents domain name holders in trademark, ACPA, and CFAA claims; and counsels clients on open-source software compliance, technology licensing and transactions (including FRAND matters), and public policy issues such as patent reform legislation. A frequent speaker and writer, Brian has been quoted in publications such as The Wall Street Journal, Forbes, and Bloomberg Politics, 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. 
  • Lead counsel for a publicly traded Dutch company in multiple lawsuits related to GPS devices and software—obtaining numerous favorable settlements and verdicts of invalidity and non-infringement. Many cases involved working with UK and EU counsel to coordinate cross-border litigation and discovery. 
  • Representing the largest manufacturing association in the United States 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 investigations before the U.S. International Trade Commission (USITC) and 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 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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