Overview
Vishal Gupta is the co-chair of Steptoe's Life Sciences practice. He focuses on complex patent litigation, inter partes reviews, IP transactions and strategic counseling in a wide range of technologies including small molecule pharmaceuticals, biologics and medical devices.
Vishal is a seasoned Hatch-Waxman and biologics patent litigator who has served as lead counsel before district courts, the PTAB and the Federal Circuit. Vishal has handled numerous high-value bench trials, jury trials, remedies proceedings and IPRs. He also has extensive experience leading large teams through all pretrial, trial and appellate case phases. Vishal's cases have involved blockbuster treatments for various cancers, cardiovascular disease, diabetes, HIV/AIDS, opioid addiction, cosmetics and ophthalmic conditions.
Chambers USA ranked Vishal amongst the top IP attorneys nationwide and profiled him as "an excellent litigator who has an encyclopedic knowledge of the law" and "a brilliant legal mind." Chambers additionally noted that Vishal provides "an incredible level of personalized service," "goes the extra mile in formulating elegant strategies," and "easily grasps technological issues." IAM Patent 1000 identified him as a leading practitioner who provides "unparalleled" service and subject matter knowledge.
LMG Life Sciences honored Vishal with its "General Patent Litigator of the Year" award in 2024. Similarly, Bloomberg Law and Law360 honored him for nationally distinguishing himself in areas of life sciences and intellectual property.
Specializing in IP transactions, Vishal has negotiated a wide variety of deals including licenses, royalty arrangements, mergers, acquisitions, collaborations and supply arrangements. He additionally has deep expertise in pharmaceutical case settlements, including negotiating launch triggers, authorized generic terms, REMS services agreements and volume limitations. Vishal also leads due diligence and strategic counseling efforts.
- New York
- New Jersey
- US District Court, District of New Jersey
- US District Court, Southern District of New York
- US District Court, Eastern District of New York
- US Court of Appeals, Federal Circuit
- US Patent & Trademark Office
- J.D., Benjamin N. Cardozo School of Law, 2006, Dean’s Scholar
- M.E., The Cooper Union, 2006, Chemical/Biomedical Engineering
- B.E., The Cooper Union, 2004, Chemical Engineering
Representative Matters
- Representing international pharmaceutical company as lead counsel in a Federal Circuit appeal concerning botulinum toxin.
- Representing international pharmaceutical company as lead counsel in patent litigation concerning a prostate cancer therapy.
- Representing international medical device company as lead counsel in a contract dispute litigation.
- Representing international pharmaceutical company in patent litigation concerning a leukemia treatment.
- Representing international pharmaceutical company in patent ligation concerning a hair growth therapy.
- Representing international pharmaceutical companies in litigation regarding monoclonal antibodies to lower LDL cholesterol.
- Representing international pharmaceutical companies in litigation regarding a treatment for opioid addiction.
- Represented international pharmaceutical company in patent litigation concerning a treatment for various blood cancers.
- Represented international pharmaceutical company in patent litigation concerning a renal cell carcinoma cancer therapy.
- Represented international pharmaceutical companies in patent litigation regarding treatment of ophthalmic infections.
- Represented international pharmaceutical company in patent litigation regarding an HIV/AIDS treatment.
- Represented international pharmaceutical companies in patent litigation regarding colorectal cancer treatment.
- Represented international pharmaceutical companies in patent litigation regarding eczema treatment.
- 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 pharmaceutical companies in acquisition of monoclonal antibody patent estate.
Speaking Engagements
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Moderator, "Section viii Carveouts and Inducement Analysis: Post Launch Considerations Following Amarin v. Hikma," ACI 21st Annual Paragraph IV Disputes, April 29-30, 2025
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Panelist, "'Shall We Dance' — Weighing the Pros and Cons of Participating in the BPCIA Patent Dance," ACI's 4th Annual Passport to Proficiency on the Essentials of Hatch-Waxman and BPCIA, October 17, 2024
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Panelist, "Litigating 'Bet the Company' Disputes," 2024 South Asian Bar Association of North America Annual Conference, Toronto, Canada, July 13, 2024
- Panelist, "Balancing Innovation and Competition in BioPharma: Best Practices for Avoiding the FTC's Crosshairs Within and Outside the BPCIA," ACI 15th Summit on Biosimilars & Innovator Biologics, New York, NY, June 21, 2024
- Panelist, "Strategic IP Management in Hatch-Waxman Litigation: A Dialogue with Chief IP Counsel," ACI 19th Annual Paragraph IV Disputes, New York, NY, April 26, 2024
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"Preparing for Biosimilar Carve Outs: Will Skinny Labelling Work for Biosimilars?" ACI 14th Summit on Biosimilars & Innovator Biologics, Boston, MA, June 27, 2023
- "Amgen v. Sanofi: Understanding How the Supreme Court May Re-Shape §112," ACI 18th Annual Paragraph IV Disputes, New York, NY, April 19, 2023
- "The Ethical Practice of Paragraph IV Litigation: New Developments Impacting Professional Responsibility in the Hatch-Waxman Arena," ACI 17th Annual Paragraph IV Disputes Conference, New York, NY, April 27, 2022
- Program Co-Chair, ACI 2nd Annual Passport to Proficiency on the Essentials of Hatch-Waxman and BPCIA, October 11-27, 2022
- Moderator, "The Current State of the Skinny Label Regime: Press Release Language, Marketing Materials, and the Liability for Insurance Companies," ACI 13th Summit on Biosimilars & Innovator Biologics, June 28, 2022, Boston, MA
- Faculty Member, “Fundamentals of Patent Litigation,” PLI, New York, 2022
- "The Orange Book: Listings, De-Listings, and Other Matters of Interest," ACI Passport to Proficiency on the Essentials of Hatch-Waxman and BPCIA, October 7, 2021
- Panelist, ACI 12th Summit on Biosimilars & Innovator Biologics, June 22, 2021
- Panelist, ACI 15th Annual Paragraph IV Disputes, April 26, 2021
- Faculty Member, “Fundamentals of Patent Litigation,” PLI, New York, 2021
- Panelist, ACI 14th Annual Paragraph IV Disputes, October 6, 2020
- Panelist, ACI 11th Summit on Biosimilars and Innovator Biologics, September 23, 2020
- Faculty Member, "Fundamentals of Patent Litigation," PLI, New York, 2020
- "The Practice of Pharmaceutical Patent Litigation: Part 1," ACI 13th Annual Paragraph IV Disputes Conference, New York, NY, April 29, 2019
- "IP in Fashion and Wearable Technology," South Asian Bar Association of North America 2018 Annual Conference, New York, NY, June 28-29, 2018
- "Naming and Labeling Considerations for Biosimilar Products," ACI 9th Annual Summit on Biosimilars, New York, NY, June 25-26, 2018
- "A Question of Damages: Lost Profits, Reasonable Royalties and Exceptional Findings," ACI 12th Annual Paragraph IV Disputes, New York, NY, April 23-24, 2018
- "Ways to Protect Patents from Litigation," Managing Intellectual Property US Patent Forum, New York, NY, March 13, 2018
- New York State Bar Association's Advanced Trial Advocacy Program, Syracuse, NY, October 18, 2017
- "IPR Strategies and Parallel Proceedings Master Class: Devising Strategies for IPR Best Practices and Navigating Dual Forums in Hatch-Waxman Litigation," ACI 11th Annual Paragraph IV Disputes, New York, NY, April 25, 2017
- "Industry Session: Intellectual Property: Patent Process," Biomedical Engineering Society, Minneapolis, MN, October 6, 2016
- "Consequences from Failure to Innovate," NASA Cross Industry Innovation Summit, Houston, TX, September 21, 2016
- "BPCIA Litigation: Updates & Developments in 2016," The Knowledge Group webinar, May 26, 2016
- "Social Media and Its Effect on the Jury System," NYSBA Commercial and Federal Litigation Section Spring Meeting, New York, NY, May 14, 2016
News & Publications
Press Releases
Steptoe Represents Vantage Infrastructure as Lender in $85 Million Credit Facility for Flash
September 11, 2024
Press Releases
Vishal Gupta Honored with LMG Life Sciences' General Patent Litigator of the Year (New York) Award
September 6, 2024
Press Releases
Steptoe Receives Nine Individual, Four Practice Mentions in IAM Patent 1000
June 6, 2024
Press Releases
Steptoe Receives 25 Practice, 72 Individual Mentions in Chambers USA 2023
June 1, 2023
Client Alerts
May 26, 2023
Press Releases
Four Steptoe Lawyers Named to Lawyers of Color Law Firm Leaders Issue 2022
February 2, 2023
Press Releases
Steptoe Receives 12 Individual, Four Practice Mentions in IAM Patent 1000
June 30, 2022
Press Releases
Steptoe Receives 27 Practice, 72 Individual Mentions in Chambers USA 2022
June 3, 2022
Noteworthy
- Chambers USA, Intellectual Property: Patent, New York (2022-2024)
- LMG Life Sciences Awards, "General Patent Litigator of the Year - New York" (2024)
- LMG Life Sciences Awards shortlist, "Hatch-Waxman Litigator of the Year - Branded" (2024)
- Attorney intel, "The Top 25 Biotechnology and Life Sciences Attorneys of 2024” (2024)
- LMG Life Sciences, United States, General Patent Litigation (2023)
- LMG Life Sciences, United States, Patent Strategy & Management (2023)
- Bloomberg Law, "40 under 40," Intellectual Property (2021)
- Law360, "Rising Stars," Life Sciences (2020)
- IAM Patent 1000, Litigation: New York (2016-2024)
- New York Law Journal, "Rising Star" (2018)
- Super Lawyers, New York, "Rising Star," Intellectual Property Litigation (2013-2020)
- International Who's Who of Life Science Lawyers, Patent Litigation (2016)
Professional Affiliations
- Leadership Council on Legal Diversity Fellow
- American Intellectual Property Law Association
- New York Intellectual Property Law Association
- South Asian Bar Association of New York