Brian H. Pandya focuses on high-stakes trial and appellate litigation, primarily in the areas of intellectual property, antitrust, and regulatory litigation and white-collar defense. He has significant experience representing clients in data privacy, cybersecurity and national security matters. Brian joined Duane Morris after serving at the U.S. Department of Justice as Deputy Associate Attorney General.
Notable cases as lead counsel include obtaining a preliminary injunction under the Administrative Procedure Act compelling the United States Patent and Trademark Office to reinstate an artificial intelligence startup’s pending applications; securing dismissal of Sherman Act Section 1 and state law unfair competition claims brought against several prominent racetracks and sports venues; defeating a preliminary injunction seeking to enforce a noncompete agreement against a transportation executive; representing a Canadian biosciences company in an arbitration to execute option agreements; defending Ireland’s largest telecom software company in a bet-the-company patent infringement suit and jury trial; defeating willful infringement claims filed against a leading Dutch telematics and consumer electronics company; and representing a leading drug manufacturer in an eight-patent suit related to the synthesis of antiretroviral drugs. Brian is also an experienced appellate advocate, with arguments before the U.S. Courts of Appeals for the Federal, First, Eighth and Ninth Circuits and authoring nearly a dozen certiorari petitions and amicus briefs at the U.S. Supreme Court.
Many of Brian's current and recent representations involve novel and multidisciplinary legal issues, including cross-border disputes and investigations, representing private laboratories and surgery centers in payor disputes and healthcare fraud investigations; working with NFT developers and cryptocurrency investors to recover stolen digital assets; advising on IP-antitrust issues including FRAND/SEPs disputes in the telecom and automotive sectors; representing government contractors in False Claims Act cases, including under the Civil-Cyber Fraud Initiative; product counseling on metaverse and Web 3.0 applications; and leading regulatory due diligence on mergers and acquisitions.
During his time at DOJ, Brian oversaw investigations and litigations undertaken by the Antitrust Division and Civil Division, worked on several high-profile trial teams and routinely liaised with agency counsel and state Attorneys General. He was also responsible for reviewing tort settlements collectively worth billions of dollars, including under the vaccine injury compensation program, against military and tribal hospitals, and aviation, admiralty and pipeline torts.
Brian writes and speaks extensively on law and innovation issues and has been quoted by the Wall Street Journal, Forbes, National Law Journal and numerous industry publications. He began his legal career clerking for Judge Leonard Davis on the United States District Court for the Eastern District of Texas. Brian 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 for work on behalf of military veterans, and served as volunteer federal public defender in the Eastern District of Virginia.
Areas of Practice
- Antitrust and Competition
- IP Litigation
- Complex Commercial Litigation
- White-Collar Criminal Defense, Corporate Investigations, and Regulatory Compliance
- National Security/CFIUS
- Cybersecurity & Data Privacy
Secured the dismissal of Sherman Act Section 1 group boycott claims filed by racehorse owners against several prominent racetracks.
Securing a preliminary injunction in an Administrative Procedure Act (APA) lawsuit in the Eastern District of Virginia requiring the USPTO to reinstate an artificial intelligence startup’s domestic and international patent applications that the Patent Office arbitrarily and capriciously deemed terminated.
Representing Ocean Casino Resort in connection with various competition/antitrust issues related to the Caesars/William Hill merger, including modifications to agreements related to retail and online sports wagering operations.
Representing healthcare providers in arbitrations, litigations, and adversarial proceedings in disputes with payers to recover underpaid laboratory and surgical services claims and to defend allegations of fraud made against the providers and their executives/investors.
- 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
- Supreme Court of Virginia
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Western District of Texas
- U.S. District Court for the Eastern District of Texas
- U.S. Court of Federal Claims
- U.S. Court of International Trade
- U.S. Court of Appeals for the District of Columbia Circuit
- 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
- Virginia State Bar
- International Practice Section, Board of Governors
- 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, "Department of Justice Focuses Corporate Compliance Efforts on Executive Compensation," Duane Morris Alert, February 21, 2023
- Co-author, "Ripple Effects: The US Antitrust Division’s Push for Criminal Section 2 Enforcement Could Have an Impact in the EU," Competition Law Insight Volume 21 Issue 6, November, 2022
- Co-author, "DOJ Brings First Criminal Charges Under Section 2 of the Sherman Act in Nearly 50 Years," Duane Morris Alert, November 14, 2022
- Co-author, “Anticipating Expansion Of FTC's Section 5 Antitrust Authority,” Duane Morris Alert, September 21,2022
- Co-author, "DOJ Antitrust Division Leadership States No Guidance Forthcoming on Criminal Monopolization Cases," Duane Morris Alert, June 30, 2022
- Co-author, "DOJ's Push for More Aggressive Antitrust Enforcement Suffers Trial Setbacks," Duane Morris Alert, April 21, 2022
- Co-author, "How Plans For Criminal Antitrust Enforcement Are Advancing," Law360, April 4, 2022
- Co-author, "DOJ Survives Challenges to Labor Market Prosecutions," Duane Morris Alert, February 16, 2022
- Co-author, "FTC Rescinds Vertical Merger Guidelines," Duane Morris Alert, September 27, 2021
- Co-author, "Nomination of DOJ Antitrust Head Signals New Era in Antitrust Enforcement," Westlaw Today, August 17, 2021
- Co-author, "1-800 Contacts Ruling Illustrates IP Hurdle For Antitrust Cases," Law360, July 8, 2021
- Co-author, "Expect Increasing Scrutiny of Wage-Fixing, No-Poach Deals," Law360, May 5, 2021
- Quoted, "IP Headaches, Patchwork Regs, Growing Hostility to Your Technology: Welcome, New GC, to AI Cyber Defense Company," Corporate Counsel, April 9, 2021
- 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
- Facilitator, "Current Updates in Cybersecurity," Duane Morris Banking and Finance General Counsel Roundtable, November 17, 2022
- Speaker, "Regulatory/Sanctions and Cryptocurrency Litigation," Duane Morris Fintech General Counsel Roundtable, Webinar, December 2, 2022
- Speaker, "Current Issues Around FRAND and SEPs," University of Texas School of Law Advanced Patent Law Institute, October 20, 2022
- Panelist, "View from the Front Lines: Practitioner Panel," CUNA Cybersecurity Conference with NASCUS, June 20, 2022
- Speaker, "Trust, but Verify – Cybersecurity Threats and the Severe Consequences of “Authorized” Wires under the UCC," Association of Corporate Counsel, June 16, 2022
- Speaker, "Four Years Later, Did the “New Madison Approach” to IP and Antitrust Promote Innovation?" Regulatory Transparency Project Webinar, April 26, 2022
- Speaker, "NAM Antitrust Webinar," National Association of Manufacturers Webinar, April 20, 2022
- Speaker, "Public Bids in the U.S. An Opportunity for Colombian Companies," Webinar, February 17, 2022
- Speaker, "Legal and Law Enforcement Perspectives on Cybersecurity," CUNA Cybersecurity eSchool with NASCUS, November 15, 2021
- Presenter, "Privacy Issues in Cross-Border Litigation," Duane Morris Data Privacy and Security Landscape: Legal Developments in the United States and Beyond Webinar Series, June 30, 2021
- Speaker, "When National Security, Law, and Tech Collide The Latest from Washington D.C.," The Federalist Society Indianapolis Lawyers Division Chapter, Indianapolis, June 25, 2021
- Presenter, "Cannabis 403: Big Money Meets Big Government: Greenlighting Mergers as State and Federal Regulators Step Up Scrutiny," Duane Morris Cannabis Webinar Series, June 15, 2021
- Panelist, "Antitrust Roundtable," National Association of Manufacturers Regulatory Policy Committee, June 10, 2021
- Panelist, "CXO Virtual Meeting," ExecutiveRoundtable.org, May 12, 2021
- 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