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Brian Paul Gearing

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Brian Paul Gearing is a partner in the New York office of Crowell & Moring and a member of the Intellectual Property Group, focusing on patent litigation. He has experience in all stages of litigation, from pre-suit investigations through appeal in numerous jurisdictions, and before the ITC. Dr. Gearing has also advised clients on portfolio management and adversarial patent licensing negotiations and has prepared invalidity and non-infringement opinions. He has unique experience working in Tokyo, Japan, where he spent three years representing Asia Pacific-based clients in U.S. litigations and arbitrations.

Dr. Gearing has been lead trial counsel on numerous high-profile litigations that have resulted in favorable judgments and settlements for his clients, including winning the country’s first-ever trial to be held on the issue of IPR estoppel.

Dr. Gearing has substantial experience with a wide variety of technologies, including materials science, mechanics and dynamics of materials, cancer therapy, semiconductor and hard disk design and manufacturing, microprocessor technology, wireless communications, and networking equipment and architecture. He also counsels clients on the implementation of new technologies such as blockchain and distributed ledgers, and the development of innovative products such as virtual currencies and blockchain-based assets. Dr. Gearing is an author of fifteen scientific publications and a named inventor on two U.S. patents pertaining to implantable medical devices and friction and wear of novel nano-coatings (U.S. Patent Nos. 7,251,893 and 8,241,698).

Before law school, Dr. Gearing earned a Doctorate of Philosophy from the Massachusetts Institute of Technology, where his research focused on the mechanics and dynamics of materials with an emphasis on fracture of polymers, as well as mechanical testing at the micro- and nano-scales. During law school at U.C. Berkeley School of Law, Dr. Gearing was on the Executive Board of the Berkeley Technology Law Journal and a Fellow of the Berkeley Center for Law & Technology.

Recent Articles by Brian Paul Gearing

Reexamining Three Preconceived Notions of SEPs as the 5G Patent Wars Ignite

5G—the next generation of telecommunications standards provided by the Third Generation Partnership Project (3GPP)—began implementation in 2019. It boasts significant technical benefits over prior generations, including higher speeds, greater bandwidth, lower latency, and larger coverage areas. Unlike previous 3GPP standards, 5G is not limited to cellular phones. Rather, 5G will support a plethora of technologies ranging from Enhanced Mobile Broadband to Massive Internet of Things. Accordingly, 5G will support a tremendous amount of economic activity: by 2026, 5G will have 3.5 billion subscribers and will account for 84% of mobile subscriptions in the United States. By 2035, 5G is expected to underly $13.1 trillion in global economic activity, accounting for 0.2% of the 2.7% projected annual global GDP growth.