Brian C. Rosenthal

Brian C. Rosenthal is a patent litigation partner at Gibson, Dunn & Crutcher LLP, based in their New York office. His practice emphasizes trial work in patent disputes, with a concentration on technologies such as computer software, electronics, and medical devices. Mr. Rosenthal primarily represents defendants, including major operating companies, and has extensive experience in both district court litigation and appellate proceedings before the Court of Appeals for the Federal Circuit.

Throughout his career, Mr. Rosenthal has served as lead counsel in over 125 patent cases. His notable representations include acting as lead counsel for Electronic Arts, Inc. in Uniloc USA, Inc. et al. v. Electronic Arts, Inc. He has achieved significant victories for clients such as Cisco, including obtaining rare directed verdicts and a complete defense verdict based on non-infringement, invalidity, and prior commercial use under 35 U.S.C. § 273(a) in separate cases. He also secured a trifecta jury win for Duo Security (Cisco) in a $140 million multifactor authentication case and obtained a new trial and favorable settlement for Verizon in an $845 million claim.

Mr. Rosenthal possesses substantial experience with Patent Office validity proceedings, regularly handling inter partes review (IPR) and post-grant review (PGR) petitions, often alongside high-stakes litigation. For instance, he won IPRs that invalidated patents asserted against Verizon and successfully argued inter partes reexaminations for Acushnet, invalidating all four patents in a six-year litigation. He began his legal career at Howrey, moved to Mayer Brown, and joined Gibson Dunn in January 2017.

He earned his J.D. from Cornell University Law School in 2000 and his Bachelor of Science from the University of Western Ontario. Mr. Rosenthal has been admitted to practice in New York since 2001.