Brian H. Pandya is a first-chair trial lawyer and former DOJ official who represents technology, life sciences, and manufacturing companies facing high-stakes litigations and government investigations. As a member of the firm’s Trial Practice Group, Brian’s practice focuses on patent, antitrust, licensing, trade secret, white-collar and complex commercial disputes. His combination of government and private practice experience uniquely positions him to address issues at the intersections of antitrust, data privacy and intellectual property laws.
Before joining the firm, Brian served at the United States Department of Justice as Deputy Associate Attorney General, where he oversaw the Antitrust Division and Civil Division and led initiatives related to privacy/cybersecurity, emerging technologies, digital trade, corporate compliance, and national security. He oversaw and managed major litigations, civil and criminal investigations and settlements collectively worth billions of dollars. Many matters involved coordination with multiple DOJ components, U.S. Attorney’s Offices, and other federal agencies. He also led DOJ engagement with state Attorneys General on various issues.
Before his DOJ appointment, Brian was a partner at a prominent Washington, D.C. law firm. Notable cases as lead counsel included representing Ireland’s largest software company in a bet-the-company lawsuit filed by its largest competitor, defending a well-known Dutch GPS company’s crown jewel mapping and routing products against a $60 million willful infringement claim, and representing a leading pharmaceutical company in an eight-patent dispute related to the synthesis of anti-retroviral drugs. Brian also served for nearly five years as outside IP counsel to a major manufacturing trade association.
Brian began his legal career clerking for Judge Leonard Davis on the United States District Court for the Eastern District of Texas. He is a Fellow of the Leadership Council on Legal Diversity (LCLD) and a two-time recipient of the Federal Circuit Bar Association’s Pro Bono Advocacy Award, and served as volunteer federal public defender in the Eastern District of Virginia.
Areas of Practice
- Commercial & Antitrust Litigation
- IP Litigation
- White-Collar Criminal Defense, Corporate Investigations, and Regulatory Compliance
- National Security/CFIUS
- Cybersecurity & Data Privacy
- Lead trial counsel for Ireland’s largest software company in a multipatent 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.
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.
- Counseling telecommunications and consumer products companies on FRAND/SEP licensing, indemnification, copyright, and opensource licensing issues and strategies.
- Arbitrating and mediating disputes over breaches of software and patent licenses, non-disclosure and joint development agreements, and indemnification obligations.
- 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 crossborder 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.
- District of Columbia
- U.S. Patent and Trademark Office
- U.S. District Court for the District of Columbia
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Eastern District of Texas
- Supreme Court of Virginia
- U.S. Court of Federal Claims
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- Supreme Court of the United States
- University of Michigan Law School, J.D., cum laude, 2004
- Articles Editor, Michigan Telecommunications and Technology Law Review
- The Pennsylvania State University, B.S., Mechanical Engineering
- Duane Morris LLP
- Partner, 2021-present
- U.S. Department of Justice
- Deputy Associate Attorney General, 2019-2021
- Wiley Rein LLP
- Partner, 2013-2019
- Associate, 2005-2012
- U.S. District Court for the Eastern District of Texas
- Law Clerk to the Hon. Leonard Davis, 2004-2005
- American Bar Association
- Section of Intellectual Property Law
- Chair of PTAB Subcommittee, 2017-2018
- Chair of Section 101 Subcommittee, 2008-2012
- Federal Circuit Bar Association
- Bench & Bar Committee, 2014-15
- Recipient of Pro Bono Advocacy Award, 2011, 2012
- Eastern District of Texas Bar Association
- Bench & Bar Committee, 2011-2018
- Legal Council on Legal Diversity (LCLD)
- Fellow, 2016
- Co-author, "Federal Agencies Seek Comments on Use of AI and ML by Financial Institutions, Previewing Potential Cybersecurity and Privacy Regulation and Enforcement," Duane Morris Alert, April 8, 2021
- Co-author, "Outgrowing Its Local Roots? Fourth Circuit Tests the Boundaries of Local Government Immunity for Major Healthcare Providers," Duane Morris Alert, April 1, 2021
Author, “SETLcoin – Hype vs Reality,” Bloomberg Law, July 19, 2018
Co-author, “Can Tribal Immunity Shield Blockbuster Drugs from PTAB Scrutiny?” The Federalist Society
Author, “IP: New Opportunities, and Dangers, from Global Supply Chains and Sales Channels,” The Center News (National Association of Manufacturers), January 2018
Selected Speaking Engagements
- Speaker, "Government Leaders' Perspectives on IP," 28th Annual Fordham IP Conference, Fordham Law School, Webinar, April 8, 2021
Moderator, “Collaboration and Licensing Strategies,” 2020 Joint USDOJ/USPTO Conference on Promoting Innovation in the Life Science Sector and Supporting Pro-Competitive Collaboration: the Role of Intellectual Property, Washington, D.C., September 24, 2020
Panelist, “Anti-Trust Implications on the Enforcement of Patents,” 2019 EDTX Bench Bar Conference, Plano, Texas, September 24, 2019
Panelist, “IP & Trade Issues,” 2019 Federal Circuit Bench & Bar Conference, Colorado Springs, June 20, 2019
Speaker, 2019 LCLD Scholars Summit, Atlanta, June 5, 2019
Panelist, “IP – Past, Present & Future,” Fordham IP Institute 27th Annual IP Law & Policy Conference, New York City, April 25, 2019
Moderator, “New Frontiers for Tribal Immunity: Patents, Pharmaceuticals, and the PTAB,” The Federalist Society Intellectual Property Practice Group Teleforum, January 30, 2018
Speaker, “Courthouse Steps: Oil States and SAS Institute Inc. v. Matal,” The Federalist Society | Intellectual Property Practice Group Teleforum, November 27, 2017
Speaker, “2017 Manufacturing Legal Forecast Call: What can manufacturers expect in the courts this year?” National Association of Manufacturers Teleconference, February 2, 2017
Speaker, “My Company Has Been Accused of Patent Infringement; What Do I Do Now?” Wiley Rein & Association for Unmanned Vehicle Systems International (AUVSI) Webinar, June 15, 2016
Speaker, “Patent: Remedies,” 24th Annual Fordham Intellectual Property Law and Policy Conference, New York City, March 31, 2016
Co-presenter, “The Supreme Court Addresses the PTAB’s Broadest Reasonable Interpretation in Cuozzo v. Lee,” AIPLA Webinar, March 17, 2016
Speaker, “Patent Valuation Basics for Bankruptcy Proceedings,” Walter Chandler American Inn of Court, Washington, D.C., March 16, 2016
Moderator, “Patent Reform Litigation After the AIA and Octane/Highmark,” Patent Litigation in the New Era, Bloomberg BNA Conference, San Francisco, January 14, 2016
Moderator, “Patent Reform Litigation After the AIA and Octane/Highmark,” Patent Litigation in the New Era, Bloomberg BNA Conference, Washington, D.C., November 12, 2015