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 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 is a trial and appellate attorney specializing in IP litigation. He has represented leading technology and pharmaceutical companies in tribunals across the United States and internationally, including federal district courts in Virginia, Texas, Delaware, California, Nevada, Illinois, and Massachusetts, the Federal Circuit, Third Circuit, and Ninth Circuit, the Patent Trial and Appeal Board (PTAB), the Court of Federal Claims, the U.S. Supreme Court (as amicus curiae), in private arbitrations and mediations, and before the International Centre for the Settlement of Investment Disputes (ICSID).
In addition to his litigation practice, Brian has advised clients on open-source software transactions, patent licensing, copyright and trademark matters, and public policy issues, such as patent reform legislation. 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 and has spoken to legal and business groups in the United States, Europe, and India.
- Representing Ireland's largest telecommunications software company in a major patent infringement lawsuit in the Eastern District of Virginia. Ran the case from the answer through fact and expert discovery to summary judgment and appeal, while working closely with the company founders, business executives and senior technical staff to develop the litigation strategies.
- Representing a publicly traded Dutch company in over a dozen lawsuits related to GPS devices, mapping software, location-based services, telematics, telemetry, Bluetooth chipsets, and touchscreen keyboards. Many cases involved working with UK and EU counsel to coordinate cross-border litigation and discovery. Victories include invalidity and non-infringement verdicts at summary judgment and numerous favorable settlements.
- Representing the interests of the largest manufacturing association in the United States and its more than 14,000 members 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 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 in the Eastern District of Texas involving online banking, mobile banking apps, and remote deposit capture technologies.
- Representing pharmaceutical companies in multiple Hatch-Waxman Act trials in Delaware and New York. Obtained winning trial verdicts on behalf of clients seeking to launch generic versions of drugs such as Prilosec and Amrix.
- 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 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 as a “recommended lawyer” in Supreme Court and Appellate Law (2015)
- Pro Bono Advocacy Award, Federal Circuit Bar Association (2011, 2012)
News & Insights
- June 15, 2016 | Speaking EngagementWiley Rein & Association for Unmanned Vehicle Systems International (AUVSI) Webinar
- April 4, 2016 | Media MentionCampaigns & Elections
- March 31, 2016 | New York, NY | Speaker24th Annual Fordham Intellectual Property Law and Policy Conference
- March 17, 2016 | Webinar | Co-PresenterAIPLA Webinar
- March 16, 2016 | Washington, DC | SpeakerWalter Chandler American Inn of Court
- February 22, 2016 | Press Release
- January 14, 2016 | San Francisco, CA | ModeratorPatent Litigation in the New ERA
- December 16, 2015 | Press Release
- November 12, 2015 | Washington, DC | ModeratorPatent Litigation in the New Era
- October 29, 2015 | Press Release
- 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
- January 21, 2015 | Media MentionBloomberg News
- 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 15, 2014 | Media MentionLaw360
- 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 30, 2014 | Media MentionForbes, Law360
- 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 27, 2014 | Media MentionFinancial Times' Policy and Regulatory Report
- 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
- February 24, 2014 | Media MentionLaw360
- January 24, 2014 | Media MentionBloomberg BNA
- 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 14, 2013 | Press Release
- 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 22, 2013 | Media MentionThe Metropolitan Corporate Counsel
- October 2, 2013 | Media MentionLaw360
- 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 Report
- 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
- May 22, 2012 | Media MentionLaw360
- March 30, 2012 | Arlington, VA | ModeratorABA 27th Annual Intellectual Property Law Conference
- March 13, 2012 | Columbia, MO | SpeakerUniversity of Missouri
- December 7, 2011 | ArticleHealth Law360
- 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 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