Overview
Vishal Gupta co-chairs Steptoe's Life Sciences practice. He is a seasoned lead counsel with over 20 years of experience in complex patent litigation before district courts, the Federal Circuit and the PTAB. Vishal also has deep experience leading complex intellectual property and technology transactions.
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" subject matter knowledge.
Litigation
Vishal has handled numerous high-value intellectual property bench trials, jury trials, injunctions, and damages proceedings. His experience spans a wide variety of technologies including small molecule pharmaceuticals (Hatch-Waxman), biologics, biosimilars, and medical devices. Vishal's cases include blockbuster treatments for various cancers, cardiovascular disease, diabetes, HIV/AIDS, opioid addiction, cosmetics, and ophthalmic conditions.
LMG Life Sciences previously honored Vishal with its “General Patent Litigator of the Year” award. Vishal has also received repeated recognition from Law 360 and Bloomberg Law for his litigation achievements.
IP Transactions
Vishal advises clients on strategically critical IP and technology transactions with deal values ranging up to $1 billion USD. His transactional practice spans negotiation of licenses, royalty arrangements, mergers, acquisitions, collaborations, and supply arrangements. Entrusted with settling over 70 matters to date, Vishal additionally possesses deep life sciences settlement experience, including negotiating launch triggers, volume limits, authorized generic terms, and REMS services. Vishal’s transactional advice is uniquely informed by decades of courtroom experience, enabling him to anticipate risk while achieving commercial outcomes.
- 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 in breach of contract and fraud arbitration dispute concerning a supply agreement as lead counsel.
- Representing international data service provider company in breach of contract dispute as lead counsel.
- Represented international pharmaceutical company in Hatch-Waxman patent infringements concerning a pain medication as lead counsel.
- Representing international medical device company in several breach of contract disputes as lead counsel.
- Represented international pharmaceutical company in a patent infringement suit relating to a pharmaceutical for growing eyelash hair as co-lead counsel.
- Representing international pharmaceutical company as lead counsel in a Federal Circuit appeal concerning botulinum toxin.
- Represented international pharmaceutical company in patent litigation concerning blood cancers as lead counsel.
- Representing international pharmaceutical company as lead counsel in patent litigation concerning a prostate cancer therapy.
- 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
- Panelist, "The Skinny on Carve-outs and Carve-ins: A Closer Look at Strategic Labeling Considerations and What Constitutes Induced Infringement," ACI 22nd Annual Paragraph IV Disputes, April 21, 2026
- Panelist, "Orange Book Vs. Purple Book: Implications for Generics and Biosimilars," Informa Markets' Pharma IPR India, Mumbai, India, February 16, 2026
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Panelist, "Mastering the BPCIA Landscape: Litigation, Damages, Pricing and Settlement Negotiation Strategies," ACI 16th Summit on Biosimilars & Innovator Biologics, Boston, MA, June 2, 2025
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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 Receives 10 Individual, Four Practice Mentions in 2026 IAM Patent 1000
June 5, 2026
Press Releases
Steptoe Advises Orexo on Strategic Divestiture of Zubsolv® US Rights to Dexcel Pharma
January 7, 2026
Press Releases
Federal Circuit Overturns Jury Verdict in Favor of Sandoz in Latisse® Patent Dispute
November 24, 2025
Press Releases
Steptoe Receives Ten Individual, Four Practice Mentions in 2025 IAM Patent 1000
June 5, 2025
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
Noteworthy
- Chambers USA, Intellectual Property: Patent, New York (2022-2026)
- Legal 500 US, Intellectual Property: Patent (2025)
- 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 (2016-2026)
- 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