- 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 is a trial and appellate litigator with a particular focus on patent litigation and counseling. He has managed major litigations and works directly with clients to formulate legal strategies that advance business objectives. Mr. Pandya has represented clients in every major patent litigation venue, including the Federal Circuit, district courts in Virginia, Texas, Delaware, Illinois, Massachusetts, Nevada, California, New York, and Utah, and the Patent Trial and Appeal Board (PTAB), as well as in private arbitrations. He also has experience assisting clients in drafting and negotiating license agreements and developing strategies for clients facing patent infringement threats.
- Litigates high-stakes cases involving a wide variety of technologies, from telecommunications software, GPS devices, semiconductors, and financial services, to pharmaceutical formulations, monoclonal antibodies, and genotyping assays.
- Obtaining 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.
- Invalidating a patent involving touchscreen keyboards that was widely licensed across multiple industries. First-chaired claim construction hearing and all depositions of inventors and expert witnesses.
- Representing a major U.S. bank in the first Covered Business Method (CBM) Review filed at the PTAB by a financial institution.
- Representing multiple banks in patent infringement lawsuits involving online banking, mobile banking apps, and remote deposit capture 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).
- Authoring Supreme Court amicus briefs at the certiorari and merits stages. Mr. Pandya’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 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.
- 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 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 (2012-2013).
- 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
- EDVA Decision Drives Pending Patent and Bankruptcy Reforms
Brian H. Pandya and Paul M. Kim
March 2014 | The Rocket Docket News
- 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 Helms Carey
June 26, 2013 | Bloomberg BNA’s Pharmaceutical Law & Industry Report
SPEECHESCURRENT | CHOOSE YEAR | VIEW ALL
U.S. Patent Law: Recent DevelopmentsBrian H. Pandya, Panelist
22nd Annual Fordham Intellectual Property Law and Policy Conference
April 24, 2014 | New York, NY