- J.D., cum laude, University of Michigan Law School
- B.S., Mechanical Engineering, with honors and high distinction, The Pennsylvania State University
- Articles Editor, Michigan Telecommunications and Technology Law Review
Bar & Court Admissions
- District of Columbia Bar
- Virginia 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 H. PandyaPARTNER
Mr. Pandya represents a variety of clients in matters relating to the enforcement and procurement of intellectual property rights, with particular focus on patent litigation and counseling. He has managed major patent litigations and works directly with clients to formulate legal strategies that further business objectives. Mr. Pandya has represented clients in venues across the United States, including the Federal Circuit, Eastern District of Virginia, Eastern District of Texas, District of Delaware, Northern District of Illinois, District of Massachusetts, and District of Nevada, as well as in private arbitrations. He has also assisted clients in drafting and negotiating license agreements and has counseled clients facing threats of patent infringement litigation.
- Litigates high-stakes cases involving a wide variety of technologies, from telecommunications software, navigation devices, semiconductors, and financial services to pharmaceutical formulations, monoclonal antibodies, and genotyping assays.
- Obtained summary judgment of non-infringement of four patents on behalf of Ireland’s largest private software company in lawsuit filed in the Eastern District of Virginia rocket docket by a large Israeli competitor of the client. Developed a proactive litigation strategy to counter the infringement allegations, authored winning summary judgment briefs, and resolved complex e-discovery issues.
- Invalidated a patent involving touchscreen keyboards that was widely licensed across multiple industries. First-chair attorney at claim construction hearing and at depositions of inventors and expert witnesses.
- Represents multiple banks in patent infringement lawsuits involving online banking, mobile banking apps, and remote capture and deposit technologies. In one recent case, Mr. Pandya argued for summary judgment of invalidity and at Markman hearing on behalf of all defendants in the case (over one dozen national banks).
- Represents major pharmaceutical companies in multiple Hatch-Waxman Act litigations involving a variety of products, including cyclobenzaprine HCl, omeprazole, erlotinib, dutasteride, and doxycycline hyclate. Member of teams that obtained trial verdicts of non-infringement and obviousness.
- Counsels small businesses and start-up companies on numerous intellectual property issues. Experiences include developing non-infringing “design around” to asserted patents, strategically pursuing counterclaims and defenses in litigations to achieve favorable business settlements, and negotiating technology and licensing agreements.
- Principal author of Supreme Court and Federal Circuit briefs on numerous issues, including patent infringement, damages, attorney’s fees, and antitrust liability.
- Prosecuted multiple patent applications and conducted 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 in the Ninth Circuit 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-Present).
- Eastern District of Texas Bar Association, Bench and Bar Conference Planning Committee (2011-Present).
HONORS & AWARDS
- Pro Bono Advocacy Award, Federal Circuit Bar Association (2011, 2012).
PUBLICATIONSCURRENT | CHOOSE YEAR | VIEW ALL
- E-Discovery: Relieving The Burdens Of Preservation
Brian H. Pandya
November 2013 | The Metropolitan Corporate Counsel Vol. 21, No. 11
- America Invents Act Not Enough? – More Patent Reform on the National Radar
Brian H. Pandya and Ryan M. Corbett
July 17, 2013 | Washington Legal Foundation's The Legal Pulse
- Reverse Payments After FTC v. Actavis: Supreme Court Unsettles Hatch-Waxman Patent Settlements
James N. Czaban, Brian H. Pandya and Christin C. Helms
June 26, 2013 | Bloomberg BNA’s Pharmaceutical Law & Industry Report