Brian H. Pandya

Partner

  • Brian H. Pandya
  • Phone: +1 202 776 7807

    Brian H. Pandya - LinkedIn Import to Address Book

  • Duane Morris LLP
    901 New York Avenue N.W., Suite 700 East
    Washington, DC 20001-4795
    USA

Brian H. Pandya represents technology, manufacturing, and healthcare companies in high-stakes litigation, arbitrations, investigations and appeals. He has served as lead trial counsel in a range of intellectual property, antitrust, complex commercial and white-collar matters. Brian has significant experience representing clients in patent infringement and licensing disputes, matters related to data privacy and breaches, business tort and unfair competition claims, challenges to agency actions under the Administrative Procedure Act and other regulatory litigation, and False Claims Act suits and investigations. His clients include some of the largest companies in the world to start-up/growth-stage companies facing legal issues for the first time. 

Brian is also an experienced strategic counselor and appellate advocate. He regularly advises clients on cybersecurity, national security, and competition reviews, as well as artificial intelligence and emerging technologies issues. He has argued appeals before the U.S. Courts of Appeals for the Federal, First, Eighth and Ninth Circuits and authored numerous certiorari petitions and amicus briefs at the U.S. Supreme Court. 

Before joining Duane Morris, Brian served at the U.S. Department of Justice as Deputy Associate Attorney General, where he oversaw investigations and litigation undertaken by the Antitrust Division and Civil Division, reviewed Torts Branch settlements, and served on several high-profile task forces and trial teams.    

Brian clerked for Judge Leonard Davis on the United States District Court for the Eastern District of Texas.  He is a 2016 Fellow of the Leadership Council on Legal Diversity (LCLD), a two-time recipient of the Federal Circuit Bar Association’s Pro Bono Advocacy Award for work on behalf of military veterans, served as volunteer federal public defender in the Eastern District of Virginia, and has been quoted by the Wall Street Journal, Forbes, National Law Journal and industry publications.

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

Representative Matters

    IP/Privacy

  • Lead trial counsel (Eastern District of Virginia) for a prominent Dutch telematics and mapping company in defending a $60 million willful infringement claim. Non-infringement judgement fully affirmed by the Federal Circuit. 

  • Lead trial counsel (Eastern District of Virginia) for Ireland’s largest software company in bet-the-company patent infringement suit filed by its primary competitor.

  • 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 abandoned.

  • Representing a global transportation solutions company in a multi-patent lawsuit in Massachusetts related to telematics hardware and software.

  • Representing major telecommunications providers in patent infringement lawsuits in federal courts in Texas, Delaware, and Illinois related to various technologies including Wi-Fi calling, Wireless Emergency Alerts, and SMS/MMS messaging.

  • Advising major technology companies on consumer data privacy, open source licensing, and other product counseling issues, particularly related to the development and launch of generative AI products.

  • Defending a prominent generic/specialty pharmaceutical company in both Hatch-Waxman Act disputes and non-Orange Book claims (primarily District of Delaware) over methods for synthesizing and manufacturing formulations 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.

  • Representing leading fabless semiconductor companies in multiple matters, including investigations by the U.S. International Trade Commission (USITC).

  • Arbitrating and mediating disputes over breaches of software and patent licenses, non-disclosure and joint development agreements, and indemnification obligations.

  • 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.

  • Representing websites in trademark, ACPA, and CFAA disputes, including successfully obtaining multiple judgments in the Eastern District of Virginia ordering the return of stolen domain names to their lawful owners.

    • White Collar

  • Advising internet advertising company over data retention and sharing practices in CFIUS investigation triggered by Congressional scrutiny. Negotiated and implemented National Security Agreement and FOCI mitigations.

  • Representing various rural and specialty hospitals and clinical laboratories to recover unpaid laboratory and surgery claims and defend breach and fraud claims related to alleged pass-through billing and kickback schemes.

  • Representing healthcare providers and suppliers in both private SIU/SID investigations and DOJ and OIG investigations, including alleged AKS and Stark Law violations.

  • Representing a Canadian biosciences company in an arbitration to enforce option agreements while defending parallel RICO claims in federal court.

  • Representing defense contractors and universities in qui tam suits under the Civil Cyber Fraud Initiative.

  • Advising government contractors, financial institutions, and credit unions on a range of cybersecurity matters, including breach preparation and responses, regulatory compliance, and Section 889 policies. 

    • Commercial/Antitrust

  • Advising clients, particularly in the telecoms and automotive spaces, on FRAND/SEPs obligations and other issues at the IP/antitrust interface.

  • Lead counsel for several prominent racetracks in the defense of Sherman Act Section 1 group boycott claims filed by racehorse owners and jockeys.

  • Representing a well-known casino in connection with various competition/antitrust issues related to high-profile merger, including modifications to agreements related to retail and online sports wagering operations.

  • Preparing supplemental allocation applications and advising on competition law issues related to attempts to obtain online sports wagering applications.

  • Authoring leading trade association’s Third Circuit amicus brief in In re Wellbutrin XL Antitrust Litigation.

  • Defeating a preliminary injunction seeking to enforce a non-compete agreement against a transportation industry executive.

  • Leading regulatory due diligence on numerous technology and healthcare industry mergers and acquisitions, including advice on HSR and CFIUS filings.

    • Miscellaneous Matters

  • 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.

Admissions

  • District of Columbia
  • Virginia
  • U.S. Patent and Trademark Office (USPTO)
  • 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

Education

  • 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

Experience

  • 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

Professional Activities

  • 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

Selected Publications

Selected Speaking Engagements

  • Moderator, "White Collar Update - The Latest in Antitrust, Cybersecurity, and Healthcare Fraud," Eastern District of Texas Bench Bar Conference, October 26, 2023
  • Panelist, “AI Compliance and Legal Issues,” Credit Union National Association, October 11, 2023
  • Co-presenter, "Significant Antitrust Developments: New Premerger Notification Requirements and Merger Guidelines," National Association of Manufacturers, August 3, 2023
  • Speaker, "Pen Testing: Ethical Hackers or Risky Business?"  CUNA Cybersecurity Conference, New Orleans, June 7, 2023
  • Co-presenter, "What to Do When the Government Comes Knocking," Energy and Environmental Industries General Counsel Boot Camp, Webinar, May 19, 2023
  • 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

Honors and Awards

  • Listed in The Best Lawyers in America, 2024