J.D., cum laude, University of Michigan Law School
B.S., with honors and high distinction, The Pennsylvania State University
Articles Editor, Michigan Telecommunications and Technology Law Review
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
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 attorney who focuses on patent litigation. His cases run the gamut from bet-the-company litigations filed by competitors to defending small NPE suits where the client’s business objective is positioning the case for quick resolution. 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, Illinois, New York, and Massachusetts, the Patent Trial and Appeal Board (PTAB), and the Court of Federal Claims. Brian also counsels technology companies facing legal threats, including indemnification demands, notice letters, licensing matters, and alleged counterfeiting.
A frequent writer and speaker on legal trends, 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 appeared in publications such as Forbes, Financial Times, Metropolitan Corporate Counsel, Bloomberg BNA and Law 360. Brian currently serves on the National Association of Manufacturers IP Issue Advisory Group, and since 2011, Brian has been on the Planning Committee for the Eastern District of Texas Bench & Bar Conference.
- 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 Dutch maker of GPS navigation devices and maps in over a dozen lawsuits including patents related to location based services, telematics, telemetry, Bluetooth chipsets, and touchscreen keyboards. Victories include invalidity and non-infringement verdicts at summary judgment.
- 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.
- 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)
- 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)
News & Insights
- June 3, 2015 | Press Release
- May 27, 2015 | Media MentionLaw360, Bloomberg BNA, Forbes, Policy and Regulatory Report
- April 23, 2015 | Press Release
- March 16, 2015 | Media MentionJames Wallace and Brian Pandya Moderate Panels at Patent Enforcement Conference Sponsored by Wiley Rein and Bloomberg BNABNA's Patent, Trademark & Copyright Journal
- March 12, 2015 | San Francisco, CA | ModeratorImpact of the Supreme Court on Patent Enforcement
- November 13, 2014 | Washington, DC | ModeratorImpact of the Supreme Court on Patent Enforcement
- October 28, 2014 | Press Release
- October 23, 2014 | Plano, TX | PanelistEastern District of Texas Bench & Bar Conference
- October 9, 2014 | Press Release
- August 26, 2014 | SpeakerAttorney Fees and Claim Construction in Patent Litigation: More Federal Circuit Deference to the District Courts?Bloomberg BNA Webinar
- June 2014 | ArticleIntellectual Property TodayBy Scott A. Felder, Brian H. Pandya
- April 29, 2014 | Newsletter
- April 25, 2014 | Press Release
- April 24, 2014 | New York, NY | Panelist22nd Annual Fordham Intellectual Property Law and Policy Conference
- March 2014 | ArticleThe Rocket Docket News
- February 26, 2014 | Washington, DC | PanelistOctane Fitness v. ICON Health & Fitness and Highmark Inc. v. Allcare Management Systems, Inc. - Post Argument DiscussionAmerican University Washington College of Law's Supreme Court Series
- December 3, 2013 | Arlington, VA | SpeakerApple v. Samsung and the Federal Circuit’s New “Causal Nexus” Requirement for Injunctive ReliefBloomberg BNA Patent Trademark Copyright Journal (PTCJ) Advisory Board
- November 2013 | ArticleThe Metropolitan Corporate Counsel Vol. 21, No. 11
- November 1, 2013 | Plano, TX | ModeratorSuing and Being Sued. A Cost Benefit Analysis of the System Protecting IP. Would it Benefit from Innovation?2013 Eastern District of Texas Bench Bar Conference
- October 2, 2013 | Press Release
- July 17, 2013 | ArticleWashington Legal Foundation's The Legal Pulse
- July 1, 2013 | Press Release
- June 28, 2013 | ArticleBloomberg BNA’s Pharmaceutical Law & Industry ReportBy James N. Czaban, Brian H. Pandya
- April 29, 2013 | Press Release
- January 31, 2013 | Ahmedabad, India | SpeakerAn Interactive Session on Intellectual Property Rights in the U.S.Confederation of Indian Industry
- January 28, 2013 | Bangalore, India | SpeakerAre Business Method Patents Still Alive in the United States?Global IP Convention
- January 24, 2013 | Press Release
- January 2, 2013 | Press Release
- October 2, 2012 | Press Release
- March 30, 2012 | Arlington, VA | ModeratorABA 27th Annual Intellectual Property Law Conference
- March 13, 2012 | Columbia, MO | SpeakerUniversity of Missouri
- December 7, 2011 | ArticleHealth Law360By James N. Czaban, Brian H. Pandya
- December 5, 2011 | ArticleLast Gasp for False Patent Marking Cases? The Public Patent Foundation Challenges the Constitutionality of the America Invents ActWashington Legal Foundation's The Legal Pulse
- October 2011 | ArticleIntellectual Property Today
- October 11, 2011 | SpeakerBNA Webinar
- September 22, 2011 | Arlington, VA | SpeakerWill a New Breed of NPEs Change the Role of Patents?Bureau of National Affairs Patent Trademark and Copyright Journal Advisory Board Meeting
- July 19, 2011 | Press Release
- July 15, 2011 | ArticleLaw360By Robert J. Scheffel, Brian H. Pandya
- July 13, 2011 | ArticleTask Force Report on Mayo Collaborative Services v. Prometheus LabsABA Section of Intellectual Property Law
- May 14, 2011 | Las Vegas, NV | SpeakerThere's More Than One Way to Exercise a Cat: The Supreme Court and Inducement of InfringementABA Young Lawyers Division Spring Conference 2011
- June 1, 2007 | Press Release