Brian Rosenthal is a partner in the Intellectual Property practice at Mayer Brown. His practice is focused on patent litigation, licensing and counseling, with a concentration on patent litigation involving computer software, electronics, and medical devices. Brian was named a Rising Star by Law360
and Super Lawyers 2013-2015
and was named as a Super Lawyer
in 2016. Brian's patent litigation experience has involved a wide range of technologies, including local area network switching and routing, mobile telephone standards, smartphone features, eCommerce software, call center and interactive voice response technology, electronic patient diaries, microprocessor Java acceleration technology, golf ball construction, helicopter landing gears, dynamic RAM modules, IDE optical drive interfaces, MP3 audio compression, JPEG image compression, magnetic resonance imaging, PET scanning, radiation therapy, wireless and remote patient monitoring, pulse oximetry, online advertising, cloud storage and video games.
Brian has litigated over 65 patent cases, most as lead counsel, handling all aspects of litigation from complaint to trial and appeal. He has participated in several jury trials, including as lead counsel, and conducted many Markman and summary judgment hearings.
Brian also has significant experience with Patent Office validity proceedings including inter partes review and covered business method petitions, as well as inter partes and ex parte reexaminations, most often in parallel with ongoing litigation. He is a member of the Sedona Conference working group on parallel district court and PTO proceedings.
Brian's counseling experience includes formulating opinions of counsel related to patent infringement, validity, enforceability, freedom to operate opinions, and licensing. He has also conducted seminars for clients' in-house legal teams on electronic discovery, FRAND obligations, AIA proceedings and other areas of patent litigation. Brian has also managed several highly successful patent licensing programs, many involving standards-essential patents.
Prior to attending law school, Brian worked as a software developer for Caseware International, where he designed and developed features of a Windows-based automated auditing software package.