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 (2004-2005)
Bar and Court Admissions
District of Columbia 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 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.
- 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.
- 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)
- 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)
News & Insights
- ArticleThe Federalist SocietyBrian H. Pandya, Wesley E. Weeks
- May 10, 2018 | Alert
- May 10, 2018 | Alert
- January 30, 2018 | Intellectual Property Practice Group Teleforum | Speaking EngagementThe Federalist SocietyBrian H. Pandya, Moderator
- January 2018 | ArticleThe Center News (National Association of Manufacturers)Brian H. Pandya
- November 27, 2017 | Intellectual Property Practice Group Teleforum | Speaking EngagementThe Federalist SocietyBrian H. Pandya, Speaker
- February 8, 2017 | Press ReleaseWiley Rein Supreme Court Amicus Brief, Filed on Behalf of GPhA, Challenges Unrestricted Venue Choice for Drug Patent Holders
- February 2, 2017 | Teleconference | Speaking EngagementWhat can manufacturers expect in the courts this year?National Association of ManufacturersBrian H. Pandya, Speaker
- June 21, 2016 | Media MentionThe Wall Street Journal
- June 15, 2016 | Media MentionBloomberg News
- June 15, 2016 | Online Webinar | Speaking EngagementMy Company Has Been Accused of Patent Infringement; What Do I Do Now?Wiley Rein & Association for Unmanned Vehicle Systems International (AUVSI) WebinarFloyd B. Chapman, Speaker, Brian H. Pandya, Speaker
- June 9, 2016 | Press ReleaseFloyd Chapman and Brian Pandya Are Featured Speakers in AUVSI Webinar to Address Patent Infringement in UAS Industry, June 15
- April 4, 2016 | Media MentionBrian Pandya Comments on Poli-Tech Firms Pursuing Patent ProtectionCampaigns & Elections
- March 31, 2016 | New York, NY | Speaking Engagement24th Annual Fordham Intellectual Property Law and Policy ConferenceBrian H. Pandya, Speaker
- March 17, 2016 | Webinar | Speaking EngagementAIPLA WebinarBrian H. Pandya, Co-Presenter, Wesley E. Weeks, Co-Presenter
- March 16, 2016 | Washington, DC | Speaking EngagementWalter Chandler American Inn of CourtBrian H. Pandya, Speaker
- February 22, 2016 | Press Release
- January 14, 2016 | San Francisco, CA | Speaking EngagementPatent Reform Litigation After the AIA and Octane/HighmarkPatent Litigation in the New ERABrian H. Pandya, Moderator
- December 16, 2015 | Press ReleaseBloomberg BNA Hosts Patent Litigation Conference On January 14 In San Francisco With Focus On Patent Reform
- November 12, 2015 | Washington, DC | Speaking EngagementPatent Reform Litigation After the AIA and Octane/HighmarkPatent Litigation in the New EraBrian H. Pandya, Moderator
- October 29, 2015 | Press Release
- June 3, 2015 | Press ReleaseLegal 500 US Recognizes 32 Wiley Rein Lawyers Across Seven Practices Nationally; Four Partners Are ‘Leading Lawyers’
- 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 | Speaking EngagementImpact of the Supreme Court on Patent EnforcementBrian H. Pandya, Moderator
- January 21, 2015 | Media MentionBloomberg News
- November 13, 2014 | Washington, DC | Speaking EngagementRecovery of Attorney FeesImpact of the Supreme Court on Patent EnforcementBrian H. Pandya, Moderator
- October 28, 2014 | Press Release
- October 23, 2014 | Plano, TX | Speaking EngagementPower of Persuasion in a Paperless World - Writing for a Re-Wired BrainEastern District of Texas Bench & Bar ConferenceBrian H. Pandya, Panelist
- October 15, 2014 | Media MentionLaw360
- October 9, 2014 | Press ReleaseImpact of Recent U.S. Supreme Court Decisions on Patent Enforcement Explored in One-Day Conference at Wiley Rein
- August 26, 2014 | Speaking EngagementAttorney Fees and Claim Construction in Patent Litigation: More Federal Circuit Deference to the District Courts?Bloomberg BNA WebinarBrian H. Pandya, Speaker
- June 2014 | ArticleIntellectual Property TodayScott A. Felder, Brian H. Pandya
- April 30, 2014 | Media MentionForbes, Law360
- April 29, 2014 | Newsletter
- April 25, 2014 | Press Release“Super Lawyers” Recognizes 66 Wiley Rein Attorneys in Washington, DC Area Across 18 Areas of the Law
- April 24, 2014 | New York, NY | Speaking Engagement22nd Annual Fordham Intellectual Property Law and Policy ConferenceBrian H. Pandya, Panelist
- March 2014 | ArticleThe Rocket Docket NewsBrian H. Pandya
- February 27, 2014 | Media MentionFinancial Times' Policy and Regulatory Report
- February 26, 2014 | Washington, DC | Speaking EngagementOctane Fitness v. ICON Health & Fitness and Highmark Inc. v. Allcare Management Systems, Inc. - Post Argument DiscussionAmerican University Washington College of Law's Supreme Court SeriesBrian H. Pandya, Panelist
- February 24, 2014 | Media MentionLaw360
- January 24, 2014 | Media MentionBloomberg BNA
- December 3, 2013 | Arlington, VA | Speaking EngagementApple v. Samsung and the Federal Circuit’s New “Causal Nexus” Requirement for Injunctive ReliefBloomberg BNA Patent Trademark Copyright Journal (PTCJ) Advisory BoardBrian H. Pandya, Speaker
- November 14, 2013 | Press Release
- November 2013 | ArticleThe Metropolitan Corporate Counsel Vol. 21, No. 11Brian H. Pandya
- November 1, 2013 | Plano, TX | Speaking EngagementSuing and Being Sued. A Cost Benefit Analysis of the System Protecting IP. Would it Benefit from Innovation?2013 Eastern District of Texas Bench Bar ConferenceBrian H. Pandya, Moderator
- October 22, 2013 | Media MentionThe Metropolitan Corporate Counsel
- October 2, 2013 | Media MentionLaw360
- October 2, 2013 | Press ReleaseWiley Rein Amicus Brief Helps Persuade U.S. Supreme Court to Review Federal Circuit Ruling on Patent Litigation Attorney Fees
- July 17, 2013 | ArticleWashington Legal Foundation's The Legal PulseBrian H. Pandya
- July 1, 2013 | Press ReleaseSupreme Court’s Drug-Patent Antitrust Ruling Analyzed by Wiley Rein’s James Czaban, Brian Pandya and Christin Helms
- June 28, 2013 | ArticleBloomberg BNA’s Pharmaceutical Law & Industry ReportBrian H. Pandya
- April 29, 2013 | Press ReleaseWiley Rein Amicus Brief Urges Supreme Court Review of Federal Circuit Ruling on Patent Litigation Attorney Fees
- January 31, 2013 | Ahmedabad, India | Speaking EngagementAn Interactive Session on Intellectual Property Rights in the U.S.Confederation of Indian IndustryBrian H. Pandya, Speaker
- January 28, 2013 | Bangalore, India | Speaking EngagementAre Business Method Patents Still Alive in the United States?Global IP ConventionBrian H. Pandya, Speaker
- 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 | Speaking EngagementABA 27th Annual Intellectual Property Law ConferenceBrian H. Pandya, Moderator
- March 13, 2012 | Columbia, MO | Speaking EngagementHow the America Invents Act Affects Innovation and ResearchUniversity of MissouriBrian H. Pandya, Speaker
- December 7, 2011 | ArticleHealth Law360Brian H. Pandya
- 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 PulseBrian H. Pandya
- October 2011 | ArticleIntellectual Property TodayBrian H. Pandya
- October 11, 2011 | Speaking EngagementBNA WebinarBrian H. Pandya, Speaker
- September 22, 2011 | Arlington, VA | Speaking EngagementWill a New Breed of NPEs Change the Role of Patents?Bureau of National Affairs Patent Trademark and Copyright Journal Advisory Board MeetingBrian H. Pandya, Speaker
- July 19, 2011 | Press Release
- July 15, 2011 | ArticleLaw360Brian H. Pandya
- July 13, 2011 | ArticleTask Force Report on Mayo Collaborative Services v. Prometheus LabsABA Section of Intellectual Property LawBrian H. Pandya
- May 14, 2011 | Las Vegas, NV | Speaking EngagementThere's More Than One Way to Exercise a Cat: The Supreme Court and Inducement of InfringementABA Young Lawyers Division Spring Conference 2011Brian H. Pandya, Speaker
- June 1, 2007 | Press Release