Brian H. Pandya

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.

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.

dvising 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.

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.