Brian Rosenthal is a partner in the New York office of Gibson, Dunn & Crutcher. He is a member of the Intellectual Property practice.
Brian is a trial lawyer with a 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.
Brian has litigated over 120 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 arbitrations. Brian has also argued and won several patent cases to the Court of Appeals for the Federal Circuit. He has represented such companies as Cisco, VMware, Apple, AT&T, Dell EMC, SharkNinja, Verizon, Daimler, Sprint, Rubrik, Sophos, Philips Electronics, Google, Gemalto, Nespresso, Acushnet, Elekta, NXP Semiconductors, ARM, Eurocopter and MicroStrategy.
Brian also has substantial experience handling Patent Office validity proceedings including inter partes review and post grant review petitions, most often in parallel with ongoing high-stakes litigation. His practice also includes strategic counseling and licensing related to intellectual property matters.
Consistently recognized as a leading patent lawyer, Brian’s awards and accolades reflect his skills and accomplishments. In 2023, Law360 recognized Brian as an Intellectual Property MVP, an award featuring lawyers who “have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.” Brian was the exclusive recipient of Lexology’s 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. Brian has been recognized by Super Lawyers annually, as a “Rising Star” fro 2013-2015, and a “Super Lawyer” from 2016-2023. In addition, he was recently ranked by IAM Patent 1000 as a leading patent lawyer, and named an “Patent Star” by Managing Intellectual Property magazine.
Brian 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.
- VMware and Dell EMC: Lead trial counsel defending clients against plaintiff WSOU’s $435 million claim of infringement of three patents related to cloud computing. On third day of jury trial, won first ever directed verdict of non-infringement before Judge Albright in the Western District of Texas, leading to a complete defense victory.
- Zhejiang Medicine Company and ZMC-USA: Lead trial counsel for ZMC against competitor Kaneka Corporation in 8-year patent infringement case involving dietary supplement coenzyme Q10. After two-week jury trial, won verdict of non-infringement and complete victory.
- Gemalto: Lead trial counsel for Gemalto as against Merchant Customer Exchange in week-long arbitration over breach of a mobile payment platform contract. Won all of our client’s requested relief: $45.8 million (including attorney fees), resulting in complete victory.
- Changzhou Kaidi Electrical: Lead trial counsel for Changzhou Kaidi Electrical against Okin America involving claims of infringement of a linear actuator patent. After two-week jury trial, won verdict of non-infringement and complete victory.
- SharkNinja: Lead trial counsel representing SharkNinja in the ITC against chief competitor iRobot’s claims of infringement of five patents related to vacuum robots. Won Final Determination of no violation on four of the five patents, leading to an exclusion order that covers only a single obsolete feature of a discontinued product.
- Apple: Lead counsel for Apple defending against six-patent infringement suit by plaintiff Geoscope who sought over half a billion dollars in damages on patents related to geolocation. Won dismissal of two patents at claim construction. Won dismissal of remaining four patents as ineligible.
- 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.
- 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: Lead counsel for SharkNinja in five-patent and false advertising litigation against competitor iRobot in district court. Argued and defeated iRobot’s preliminary injunction motion based on alleged infringement of three asserted patents, and successfully stayed and dismissed remaining 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: Lead counsel for 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: Lead counsel for 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: Lead counsel for 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 in 8-patent case filed by WSOU asserting infringement of networking patents.
- Cisco: Lead counsel for Cisco in five patent case filed by WSOU asserting infringement of networking patents in Western District of Texas. Successfully obtained dismissal with prejudice of three of the five asserted patents before trial.
- Cisco: Lead counsel for Cisco in five patent case filed by Corrigent in Western District of Texas.
- Dell: Lead counsel for Dell in four patent case filed by Corrigent in District of Delaware.
- Cisco: Lead counsel for Cisco in five patent case filed by Lionra pending in Eastern District of Texas.
- Sophos: Representing Sophos in 20-patent case against Webroot and OpenText pending in Western District of Texas.
- Apple: Lead counsel for Apple against SpaceTime3D in three-patent infringement case pending in Western District of Texas.
- Verizon: Representing Verizon against General Access Technologies in patent case pending in Eastern District of Texas.
- Verizon: Representing Verizon against Headwater Research in patent case pending in Eastern District of Texas.