FacultyFaculty/Author Profile

Vishal C. Gupta

Steptoe & Johnson LLP

New York, NY, USA


Vishal Gupta, a partner in Steptoe’s New York office, focuses his practice on complex patent litigation, counseling, and intellectual property transactions in a wide range of technologies including pharmaceutical compounds and formulations, manufacturing processes, medical devices, and electromechanical apparatus.

Mr. Gupta litigates complex patent cases (including those arising under the Hatch-Waxman Act) in federal courts throughout the country. He has managed teams through all phases of litigation including numerous summary judgment motions, claim construction (Markman) proceedings, preliminary injunctions, trials and Federal Circuit appeals.

Mr. Gupta also has extensive experience in strategic counseling, due diligence, licensing, technology transactions, opinions, pre-suit investigations, and settlement agreements/negotiations.

Prior to practicing law, he formulated pharmaceuticals for Massachusetts General Hospital and conducted research in the field of cardiac transplantation at Harvard Medical School/Massachusetts General Hospital.

For the past two years, Mr. Gupta has been selected by New York Super Lawyers as a “Rising Star” in Intellectual Property Litigation. He also has been recognized by the International Who’s Who of Life Science Lawyers.

Representative Matters

  • Represented international pharmaceutical companies in Hatch-Waxman litigation regarding ophthalmic formulation patents
    covering AzaSite® used to treat eye infections
  • Represented international pharmaceutical company in Hatch-Waxman litigation regarding patents covering Atripla® and Truvada® used in the treatment of HIV/AIDS
  • Represented international electronics company in litigation regarding patents related to electrophotographic imaging devices
  • Represented international pharmaceutical companies in Hatch-Waxman litigation regarding compound and formulation patents relating to Eloxatin® (colorectal cancer)
  • Represented international pharmaceutical companies in litigation regarding enforcement of a settlement agreement
  • Represented international pharmaceutical companies in Hatch-Waxman regarding patents covering Locoid Lipocream® for treatment of eczema
  • Represented international pharmaceutical companies in numerous settlement and licensing agreements related to pharmaceutical patents
    against various defendants
  • Represented international pharmaceutical companies in corporate acquisitions related to pharmaceutical compounds and formulations
  • Represented medical device company in various licensing and technology transfer agreements
  • Represented multi-billion dollar private equity fund in corporate acquisitions and sales across various industries including energy and
    gaming machines
  • Professional Affiliations
    American Intellectual Property Law Association
    New York Intellectual Property Law Association

Areas of Practice

  • Intellectual Property
  • IP Litigation
  • Patent
  • Patent Litigation
  • Patent Office Practice
  • Patent Transactions and Strategic Counseling

Education

  • Benjamin N. Cardozo School of Law, J.D., Intellectual Property Concentration, Dean’s Scholar
  • Cooper Union, M.E., Chemical/Biomedical Engineering
  • Cooper Union, B.E., Chemical Engineering

Bar & Court Admissions

  • New York
  • New Jersey
  • US District Court, District of New Jersey
  • US District Court, Southern District of NewYork
  • US District Court, Eastern District of NewYork
  • US Court of Appeals,Federal Circuit
  • US Patent and Trademark Office
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