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 (2004-2005)
Bar and Court Admissions
District of Columbia 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.
- 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.
- 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)
- 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)
News & Insights
- February 8, 2017 | Press ReleaseWiley Rein Supreme Court Amicus Brief, Filed on Behalf of GPhA, Challenges Unrestricted Venue Choice for Drug Patent Holders
- February 2, 2017 | Teleconference | Speaking EngagementWhat can manufacturers expect in the courts this year?National Association of ManufacturersBrian H. Pandya, Speaker
- June 21, 2016 | Media MentionThe Wall Street Journal
- June 15, 2016 | Media MentionBloomberg News
- June 15, 2016 | Online Webinar | Speaking EngagementWiley Rein & Association for Unmanned Vehicle Systems International (AUVSI) WebinarFloyd B. Chapman, Speaker, Brian H. Pandya, Speaker
- June 9, 2016 | Press ReleaseFloyd Chapman and Brian Pandya Are Featured Speakers in AUVSI Webinar to Address Patent Infringement in UAS Industry, June 15
- April 4, 2016 | Media MentionBrian Pandya Comments on Poli-Tech Firms Pursuing Patent ProtectionCampaigns & Elections
- March 31, 2016 | New York, NY | Speaking Engagement24th Annual Fordham Intellectual Property Law and Policy ConferenceBrian H. Pandya, Speaker
- March 17, 2016 | Webinar | Speaking EngagementAIPLA WebinarBrian H. Pandya, Co-Presenter, Wesley E. Weeks, Co-Presenter
- March 16, 2016 | Washington, DC | Speaking EngagementWalter Chandler American Inn of CourtBrian H. Pandya, Speaker
- February 22, 2016 | Press Release
- January 14, 2016 | San Francisco, CA | Speaking EngagementPatent Reform Litigation After the AIA and Octane/HighmarkPatent Litigation in the New ERABrian H. Pandya, Moderator
- December 16, 2015 | Press ReleaseBloomberg BNA Hosts Patent Litigation Conference On January 14 In San Francisco With Focus On Patent Reform
- November 12, 2015 | Washington, DC | Speaking EngagementPatent Reform Litigation After the AIA and Octane/HighmarkPatent Litigation in the New EraBrian H. Pandya, Moderator
- October 29, 2015 | Press Release
- June 3, 2015 | Press ReleaseLegal 500 US Recognizes 32 Wiley Rein Lawyers Across Seven Practices Nationally; Four Partners Are ‘Leading Lawyers’
- 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 | Speaking EngagementImpact of the Supreme Court on Patent EnforcementBrian H. Pandya, Moderator
- January 21, 2015 | Media MentionBloomberg News
- November 13, 2014 | Washington, DC | Speaking EngagementRecovery of Attorney FeesImpact of the Supreme Court on Patent EnforcementBrian H. Pandya, Moderator
- October 28, 2014 | Press Release
- October 23, 2014 | Plano, TX | Speaking EngagementPower of Persuasion in a Paperless World - Writing for a Re-Wired BrainEastern District of Texas Bench & Bar ConferenceBrian H. Pandya, Panelist
- October 15, 2014 | Media MentionLaw360
- October 9, 2014 | Press ReleaseImpact of Recent U.S. Supreme Court Decisions on Patent Enforcement Explored in One-Day Conference at Wiley Rein
- August 26, 2014 | Speaking EngagementAttorney Fees and Claim Construction in Patent Litigation: More Federal Circuit Deference to the District Courts?Bloomberg BNA WebinarBrian H. Pandya, Speaker
- June 2014 | ArticleIntellectual Property TodayScott A. Felder, Brian H. Pandya
- April 30, 2014 | Media MentionForbes, Law360
- April 29, 2014 | Newsletter
- April 25, 2014 | Press Release“Super Lawyers” Recognizes 66 Wiley Rein Attorneys in Washington, DC Area Across 18 Areas of the Law
- April 24, 2014 | New York, NY | Speaking Engagement22nd Annual Fordham Intellectual Property Law and Policy ConferenceBrian H. Pandya, Panelist
- March 2014 | ArticleThe Rocket Docket NewsBrian H. Pandya
- February 27, 2014 | Media MentionFinancial Times' Policy and Regulatory Report
- February 26, 2014 | Washington, DC | Speaking EngagementOctane Fitness v. ICON Health & Fitness and Highmark Inc. v. Allcare Management Systems, Inc. - Post Argument DiscussionAmerican University Washington College of Law's Supreme Court SeriesBrian H. Pandya, Panelist
- February 24, 2014 | Media MentionLaw360
- January 24, 2014 | Media MentionBloomberg BNA
- December 3, 2013 | Arlington, VA | Speaking EngagementApple v. Samsung and the Federal Circuit’s New “Causal Nexus” Requirement for Injunctive ReliefBloomberg BNA Patent Trademark Copyright Journal (PTCJ) Advisory BoardBrian H. Pandya, Speaker
- November 14, 2013 | Press Release
- November 2013 | ArticleThe Metropolitan Corporate Counsel Vol. 21, No. 11Brian H. Pandya
- November 1, 2013 | Plano, TX | Speaking EngagementSuing and Being Sued. A Cost Benefit Analysis of the System Protecting IP. Would it Benefit from Innovation?2013 Eastern District of Texas Bench Bar ConferenceBrian H. Pandya, Moderator
- October 22, 2013 | Media MentionThe Metropolitan Corporate Counsel
- October 2, 2013 | Media MentionLaw360
- October 2, 2013 | Press ReleaseWiley Rein Amicus Brief Helps Persuade U.S. Supreme Court to Review Federal Circuit Ruling on Patent Litigation Attorney Fees
- July 17, 2013 | ArticleWashington Legal Foundation's The Legal PulseBrian H. Pandya
- July 1, 2013 | Press ReleaseSupreme Court’s Drug-Patent Antitrust Ruling Analyzed by Wiley Rein’s James Czaban, Brian Pandya and Christin Helms
- June 28, 2013 | ArticleBloomberg BNA’s Pharmaceutical Law & Industry ReportBrian H. Pandya
- April 29, 2013 | Press ReleaseWiley Rein Amicus Brief Urges Supreme Court Review of Federal Circuit Ruling on Patent Litigation Attorney Fees
- January 31, 2013 | Ahmedabad, India | Speaking EngagementAn Interactive Session on Intellectual Property Rights in the U.S.Confederation of Indian IndustryBrian H. Pandya, Speaker
- January 28, 2013 | Bangalore, India | Speaking EngagementAre Business Method Patents Still Alive in the United States?Global IP ConventionBrian H. Pandya, Speaker
- January 24, 2013 | Press Release
- January 2, 2013 | Press Release
- October 2, 2012 | Press Release
- May 22, 2012 | Media MentionLaw360
- March 30, 2012 | Arlington, VA | Speaking EngagementABA 27th Annual Intellectual Property Law ConferenceBrian H. Pandya, Moderator
- March 13, 2012 | Columbia, MO | Speaking EngagementHow the America Invents Act Affects Innovation and ResearchUniversity of MissouriBrian H. Pandya, Speaker
- December 7, 2011 | ArticleHealth Law360Brian H. Pandya
- December 6, 2011 | Media MentionWashington Legal Foundation's The Legal Pulse
- 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 PulseBrian H. Pandya
- October 2011 | ArticleIntellectual Property TodayBrian H. Pandya
- October 11, 2011 | Speaking EngagementBNA WebinarRobert J. Scheffel, Speaker, Brian H. Pandya, Speaker
- September 22, 2011 | Arlington, VA | Speaking EngagementWill a New Breed of NPEs Change the Role of Patents?Bureau of National Affairs Patent Trademark and Copyright Journal Advisory Board MeetingBrian H. Pandya, Speaker
- July 19, 2011 | Press Release
- July 15, 2011 | ArticleLaw360Robert J. Scheffel, Brian H. Pandya
- July 13, 2011 | ArticleTask Force Report on Mayo Collaborative Services v. Prometheus LabsABA Section of Intellectual Property LawBrian H. Pandya
- May 14, 2011 | Las Vegas, NV | Speaking EngagementThere's More Than One Way to Exercise a Cat: The Supreme Court and Inducement of InfringementABA Young Lawyers Division Spring Conference 2011Brian H. Pandya, Speaker
- June 1, 2007 | Press Release