Stuart M. Rosenberg is a partner in the Palo Alto office of Gibson Dunn, where his practice focuses on intellectual property litigation and counseling.  He handles disputes in the United States District Courts, the United States Patent and Trademark Office, the Court of Appeals for the Federal Circuit, the International Trade Commission, and California State Court, as well as in Alternative Dispute Resolution proceedings.  He has represented clients in a variety of industries and technologies, including software and electronics, medical devices, sporting goods, and automotive design.

Mr. Rosenberg earned his Juris Doctor degree with distinction in 2005 from Stanford Law School, where he was an Articles Editor for the Stanford Law Review.  He graduated from Yale University in 2002 with a degree in Physics & Philosophy.  In 2007 and 2008, Mr. Rosenberg served as a law clerk for Chief Judge Paul R. Michel of the United States Court of Appeals for the Federal Circuit.  Mr. Rosenberg is a member of the bar of the State of California, is registered to practice before the United States Patent and Trademark Office, and is admitted to practice in the Northern and Central Districts of California, the Eastern District of Texas, and the Federal and Ninth Circuit Courts of Appeals.

Mr. Rosenberg’s recent representative matters include:

• Patent litigation in the International Trade Commission and district courts regarding smartwatches and trackers – Gibson Dunn represents a leading health and fitness company in a multi‐venue patent dispute regarding smartwatches and activity tracking, including several district court cases and an International Trade Commission investigation. Mr. Rosenberg and the team recently won a complete defense for our client in the ITC investigation, including summary determination of noninfringement on multiple patents and a final determination invalidating the only remaining patent after trial, leading Mr. Rosenberg to be recognized as American Lawyer’s Litigator of the Week.  Mr. Rosenberg prepared and examined witnesses at the trial, handled fact and expert depositions before trial, and led the successful briefing on summary determination.
• Inter Partes Review in the United States Patent and Trademark Office – Gibson Dunn represented a leading medical device manufacturer in a dispute with a direct competitor regarding surgical tools for joint replacement procedures.  Mr. Rosenberg argued successfully before the Patent Trial and Appeal Board in IPR proceedings, seeking and obtaining cancellation of all claims asserted by the opposing party in litigation.
• Patent litigation in the Eastern District of Texas regarding FRAND‐encumbered telecommunications patents – Gibson Dunn defended a major United States wireless network operator in a series of patent cases regarding allegedly essential LTE and 3G technologies. Mr. Rosenberg worked with experts on standard setting to pursue counterclaims against the plaintiff for violations of its FRAND obligations, and successfully maintained those counterclaims in the face of pretrial motions before the dispute settled on the eve of trial.
• Patent litigation in the District of Delaware regarding network-based storage technology – Gibson Dunn represented the plaintiff, the market leader in network storage equipment, in infringement litigation against a direct competitor.  We obtained summary judgment of infringement, and then prevailed in a jury trial on remaining issues, obtaining an eight-figure damages award.  Mr. Rosenberg examined the technical experts and the defendant’s technical fact witnesses at trial, and argued claim construction and other legal issues before the court.
• Patent litigation in the Northern District of California and the Federal Circuit regarding smartphone technology – Gibson Dunn represented a leading smartphone manufacturer in litigation brought against it by a company who claimed to have invented the mobile internet in the 1990s.  The plaintiff asserted ten patents, and Gibson Dunn was able to obtain dismissal of all ten patents before trial.  Mr. Rosenberg briefed and argued claim construction and successful summary judgment motions on several of the patents.