Brian A. Rosenthal is a partner in the New York office of Gibson, Dunn & Crutcher. He is a member of the Intellectual Property Practice.
Mr. Rosenthal is a trial lawyer with particular emphasis on patent litigation. His patent litigation practice has spanned a wide range of technologies, with a concentration on computer software, electronics and medical devices.
Mr. Rosenthal has litigated over 90 patent cases, most as lead counsel, handling all aspects of litigation from complaint to trial and appeal. He has led—and won—several jury trials and conducted many Markman and summary judgment hearings. Mr. Rosenthal has also argued several patent cases to the Court of Appeals for the Federal Circuit. Brian has represented such companies as AT&T, Dell EMC, SharkNinja, Daimler, Sprint, Rubrik, Philips Electronics, Google, Gemalto, Nespresso, Acushnet, Elekta, NXP Semiconductors, ARM, Eurocopter and MicroStrategy.
Mr. Rosenthal also has substantial experience handling Patent Office validity proceedings including inter partes review and covered business method petitions, most often in parallel with ongoing high-stakes litigation. His practice also includes strategic counseling and licensing related to intellectual property matters.
Mr. Rosenthal was the exclusive recipient of the 2019 Client Choice award for Patents in New York, an award determined solely by client input. In nominating him for the award, clients described him as an “outstanding lawyer” who is “business minded” and “strategic,” and one who is “extremely knowledgeable and thinks quickly on his feet.” Others noted that “Brian is an effective communicator; he explains complex issues, both technical and legal, in a way that is easy to understand yet comprehensive.” Earlier in his career, he was profiled as one of Law360’s 2014 Rising Stars: Top Attorneys Under 40 in the Intellectual Property category. He was selected as a “Super Lawyer” from 2016-2020, and as a “Rising Star” from 2013-2015. In addition, he was recently ranked by IAM Patent 1000 as a leading litigation lawyer, and named an “IP Star” by Managing Intellectual Property magazine.
Before joining Gibson Dunn, Mr. Rosenthal was a partner in the New York and Washington DC offices of Mayer Brown.
Mr. Rosenthal graduated magna cum laude from Cornell Law School and received his B.Sc. Honours in Computer Science, with a minor in Economics, with distinction, from University of Western Ontario.
- Zhejiang Medicine Company and ZMC-USA: Represented ZMC against competitor Kaneka Corporation in 8-year patent infringement case involving dietary supplement coenzyme Q10. Lead trial counsel in jury trial resulting in jury verdict of non-infringement and complete victory.
- Gemalto: Represented Gemalto as co-lead counsel against Merchant Customer Exchange in week-long arbitration over breach of a mobile payment platform contract. Won $45.8 million (including attorney fees), resulting in complete victory.
- Google and Motorola: Represented Google and Motorola against BE Technology against its patent infringement claims involving cloud computing and targeted advertising. Led and argued inter partes review petitions invalidating all asserted claims of both asserted patents. Argued and won Federal Circuit appeal, resulting in complete victory.
- Changzhou Kaidi Electrical: Represented Changzhou Kaidi Electrical against Okin America involving claims of infringement of a linear actuator patent. Lead counsel in jury trial resulting in jury verdict of non-infringement and complete victory.
- Philips: Represented Philips against Moddha Interactive in patent infringement and state law action. Dismissed all counts in District Court. Argued and won appeal to Federal Circuit, resulting in complete victory.
- SharkNinja: Representing SharkNinja in five-patent and false advertising litigation against competitor iRobot. Argued and defeated iRobot’s preliminary injunction motion based on alleged infringement of three asserted patents.
- StoneCastle: Represented StoneCastle Financial Corp. against Island IP’s claims of patent infringement and trade secret misappropriation. Won a motion to dismiss all five asserted patents as ineligible under 35 U.S.C. § 101.
- Acushnet: Represented Acushnet against Callaway Golf in six-year litigation in which Callaway sought $246 million in damages for alleged infringement of four golf ball patents. Argued and won inter partes reexaminations invalidating all four patents. Won verdict of invalidity of all four patents after two jury trials, resulting in complete victory.
- Gemalto: Represented Gemalto and its subsidiary against M2M Solutions in patent infringement claim related to two patents related to Machine-to-Machine communication. Argued and won key claim construction resulting in stipulation of non-infringement and dismissal of case.
- Google: Represented Google against BriteSmart and Patrick Zuili against patent infringement claims that Google’s advertising systems infringed patents related to pay-per-click advertising systems. Filed and argued three Covered Business Method petitions before the Patent Trial and Appeal Board resulting in Final Written Decisions invalidating all asserted claims of all three patents.
- Gemalto: Represented Gemalto against KPN in patent infringement claim related to error detection in cellular communication standards. Argued and won judgment on the pleadings before ultimately settling the case on favorable terms.
- Gemalto: Represented Gemalto as third party in Court of Federal Claims patent litigation by SPA Syspatronic. Argued and won invalidity of key claims as indefinite, leading to favorable settlement.
- Google: Represented Google against buySAFE in its claim of infringement of an eCommerce patent. Invalidated buySAFE’s patent under 35 U.S.C. § 101. Obtained affirmance from Federal Circuit in precedential opinion.
- ARM: Represented ARM against Nazomi’s claim of infringement of patents related to Java acceleration of microprocessors. Obtained summary judgment of non-infringement, which was affirmed by the Federal Circuit.
- Rubrik: Represented Rubrik against competitor Actifio’s patent infringement lawsuit in which Actifio asserted four patents related to data backup technologies. After Actifio filed preliminary injunction motion, deposed Actifio’s expert, directly leading to Actifio dropping the preliminary injunction motion and dismissing the case.
- AT&T: Represented AT&T in complex patent infringement case in which plaintiff Sol IP asserted 27 patents against LTE and WiFi technologies.
- Dell EMC: Representing Dell EMC and VMware in 12 pending cases filed by WSOU Investments asserting infringement of 12 networking patents.