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Brian h. pandya biography
Mr. Pandya represents a variety of clients in matters
relating to the enforcement and procurement of
intellectual property rights, with particular focus on patent litigation and counseling. He has managed
major patent litigations and works directly with clients to formulate legal strategies that further
business objectives. Mr. Pandya has represented clients in venues across the United States, including
the Federal Circuit, Eastern District of Virginia, Eastern District of Texas,
District of Delaware, Northern District of Illinois, District of Massachusetts,
and District of Nevada, as well as in private arbitrations. He has also assisted
clients in drafting and negotiating license agreements and has counseled
clients facing threats of patent infringement litigation.
Telecommunications and Technology
Litigates high-stakes cases involving a wide variety of technologies,
from telecommunications software, navigation devices, semiconductors, and financial services to pharmaceutical formulations, monoclonal antibodies, and genotyping assays.
Obtained summary judgment of non-infringement of four patents on
behalf of Ireland’s largest private software company in lawsuit filed in
the Eastern District of Virginia rocket docket by a large Israeli
competitor of the client. Developed a proactive litigation strategy to
counter the infringement allegations, authored winning summary judgment briefs, and resolved complex e-discovery issues.
Invalidated a patent involving touchscreen keyboards that was widely
licensed across multiple industries. First-chair attorney at claim
construction hearing and at depositions of inventors and expert witnesses.
Represents multiple banks in patent infringement lawsuits involving
online banking, mobile banking apps, and remote capture and deposit
technologies. In one recent case, Mr. Pandya argued for summary
judgment of invalidity and at Markman hearing on behalf of all defendants in the case (over one dozen national banks).
Represents major pharmaceutical companies in multiple Hatch-
Waxman Act litigations involving a variety of products, including
cyclobenzaprine HCl, omeprazole, erlotinib, dutasteride, and
doxycycline hyclate. Member of teams that obtained trial verdicts of
Representative Experience (continued)
Bar & Court Admissions
Counsels small businesses and start-up companies on numerous
intellectual property issues. Experiences include developing non-
infringing “design around” to asserted patents, strategically pursuing
counterclaims and defenses in litigations to achieve favorable business settlements, and negotiating technology and licensing agreements.
Principal author of Supreme Court and Federal Circuit briefs on
numerous issues, including patent infringement, damages, attorney’s
Prosecuted multiple patent applications and conducted IP due diligence
for a multi-billion dollar medical device company and developed IP
training and best practices modules for a leading government
Extensive pro bono practice, including filing a habeas corpus
in the Ninth Circuit 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
Honors & Awards
Pro Bono Advocacy Award, Federal Circuit Bar Association (2011,
American Bar Association (ABA), Section of Intellectual Property Law,
Co-Chair, Section 101 Subcommittee (2008-2012)
Eastern District of Texas Bar Association, Bench and Bar
Conference Planning Committee (2011-Present)
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