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, 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 patent litigator whose clients include technology and pharmaceutical companies. He has run cases in district courts across the United States and briefed and argued numerous appeals at the Federal Circuit. Brian also maintains counseling, opinion, and post-grant proceedings practices, represents clients in trademark, trade secret, anti-counterfeiting and other commercial disputes, and advises companies and trade associations on IP public policy matters.  

Brian currently co-chairs the American Bar Association’s PTAB sub-committee, has appeared in publications such as The Wall Street Journal, Forbes, and Bloomberg BNA discussing Supreme Court and Federal Circuit cases, 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 Leadership Council on Legal Diversity (LCLD) Fellow.

Representative Experience

  • Defending a $60 million willful infringement claim brought against a leading maker of mapping and navigation software in the Eastern District of Virginia. Non-infringement verdict 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.  
  • Representing a leading telecom company in patent infringement lawsuits related to mediation, policy, charging, and other BSS/OSS platforms and in indemnification and open-source licensing matters.  
  • 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.       
  • Defending a publicly traded Dutch company in numerous lawsuits related to GPS devices and maps. Extensive experience working with UK and EU counsel to coordinate cross-border litigation strategies and discovery. Obtained multiple verdicts of invalidity and non-infringement affirmed by the Federal Circuit and leveraged many favorable settlements in the Eastern District of Texas, Northern, Southern, and Central Districts of California, District of Massachusetts, District of Nevada, and Northern District of Illinois.
  • 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.
  • Advising software and consumer electronics companies on FRAND and SEP licensing matters and GPL/LGPL open-source software licenses. 
  • 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. Notable petitions include authoring the first ever CBM petition filed at the PTAB by a financial institution.
  • Representing generic and specialty pharmaceutical companies in numerous ANDA PIV and 505(b)(2) disputes over cancer therapies, skeletal muscle relaxants and other pain relievers, proton pump inhibitors, and genotyping assays.
  • Representing a leading fabless semiconductor company and its customers in multiple matters, including investigations before the U.S. International Trade Commission (USITC), concerning Reduced Instruction Set Computing (RISC) architectures for graphic accelerators. 
  • Advising equipment manufacturers, particularly in the oil and gas sector, on non-infringing designs for new 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 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.

Affiliations

  • American Bar Association (ABA), Section of Intellectual Property Law, Patent Litigation Committee
    • Co-Chair, PTAB Subcommittee (2017)
    • 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)

Recognitions

  • 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)

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