Photo of Brian H. Pandya

Education

J.D., cum laude, University of Michigan Law School

B.S., with honors and high distinction, The Pennsylvania State University

Law Journals

Articles Editor, Michigan Telecommunications and Technology Law Review

Clerkships

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

Virginia Bar

Supreme Court of the United States

U.S. Courts of Appeals for the Third, Fourth, Fifth, 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 first-chair trial lawyer and appellate advocate who represents technology and pharmaceutical companies in patent litigation, licensing and trade secret disputes, and other complex legal and technical matters. He has served as lead counsel in jury and bench trials and arbitrations, argued and briefed numerous appeals at the Federal Circuit and other Courts of Appeals, and authored petitions and briefs filed at the U.S. Supreme Court. Brian also maintains strategic counseling, opinion, and post-grant proceedings practices and often advises companies and trade associations on IP public policy matters.

Brian currently co-chairs the American Bar Association’s Patent Trial and Appeal Board (PTAB) sub-committee, has appeared in publications such as The Wall Street Journal, Forbes, and Bloomberg BNA discussing patent law and technology policy issues, 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 first Leadership Council on Legal Diversity (LCLD) Fellow.

Representative Experience

  • Lead trial counsel for Ireland’s largest software company in a multi-patent bet-the-company lawsuit in the Eastern District of Virginia.
  • Defending a $60 million willful infringement claim brought against a publicly traded Dutch company. Non-infringement judgment fully affirmed by the Federal Circuit.
  • Representing a leading pharmaceutical company in a Hatch-Waxman Act dispute in the District of Delaware related to the synthesis of anti-retroviral (ARV) medications and intermediates.  
  • Counseling telecommunications and consumer products companies on FRAND/SEP licensing, indemnification, copyright, and open-source licensing issues and strategies.
  • Arbitrating and mediating disputes over breaches of software and patent licenses, non-disclosure and joint development agreements, and indemnification obligations.
  • Obtaining in the U.S. Court of Federal Claims a stipulated judgment for the Army’s infringement of patents related to laser weapon systems. Case profiled by the National Law Journal as among the “largest infringement award[s]” of the year.       
  • Lead counsel for an industry-leading consumer electronics manufacturer in numerous lawsuits related to GPS devices, navigation and mapping technology, and cameras. Extensive experience coordinating cross-border litigation strategies and discovery with UK and EU counsel. Obtained favorable judgments and settlements from federal courts in California, Massachusetts, Nevada, Virginia, Illinois, and Texas. 
  • Authoring and filing amicus briefs at the U.S. Supreme Court and Courts of Appeals, including briefs discussing fee-shifting, jurisdiction and venue, and reverse payment settlements. Representative cases include TC Heartland v. Kraft Foods, Highmark v. Allcare, and In re Wellbutrin XL Antitrust Litigation
  • Representing businesses and websites in trademark, ACPA, and CFAA disputes, including successfully obtaining multiple judgments in the Eastern District of Virginia ordering the return of domain names to their lawful owners.
  • Representing the largest manufacturing association in the United States in a NAFTA Chapter 11 arbitration before the International Centre for the Settlement of Investment Disputes (ICSID) concerning the fair and equitable treatment of manufacturers’ investments in intellectual property.
  • Drafting and filing petitions for Inter Partes Review (IPR), Covered Business Method (CBM) Review, and ex parte reexamination, including authoring the first ever CBM petition filed at the PTAB by a financial institution.
  • Representing leading fabless semiconductor companies in multiple matters, including investigations by the U.S. International Trade Commission (USITC).
  • Representing an industry leading satellite broadcaster in royalty-rate setting proceedings before the Copyright Royalty Board (CRB). 
  • Advising manufacturers, particularly in the oil-and-gas, automotive components, and material handling sectors, on non-infringing designs for new and existing products.
  • Analyzing clients’ patent portfolios to develop offensive and defensive patent licensing and monetization strategies. 
  • Representing banks and fintech companies 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 large medical device company, and developing IP training and best practices modules for a leading government contractor.
  • Extensive pro bono practice, including serving as a volunteer federal public defender in the Eastern District of Virginia, representing disabled military veterans, and assisting Libyan graduate students seeking political asylum from the Gadhafi regime.

Affiliations

  • American Bar Association (ABA), Section of Intellectual Property Law, Patent Litigation Committee
    • Co-Chair, PTAB Subcommittee (2017-Present)
    • 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)
  • Federal Bar Association (FBA), Northern Virginia Chapter (2013-Present)
  • Virginia Bar Association (VBA), Membership Committee (2014-2015)
  • The Federalist Society
    • IP Practice Group Executive Committee (2017-Present)
    • Regulatory Transparency Project (2016-Present)
    • Co-Chair, Michigan Law Alumni Chapter (2015-Present)

Recognitions

  • Named one of DC's "Super Lawyers" (2018) and "Rising Stars" (2014-2016) for Intellectual Property Litigation by Super Lawyers magazine
  • 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)

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