Vishal Gupta focuses his practice on complex patent litigation, counseling, and intellectual property transactions in a wide range of technologies including pharmaceuticals, biologics, manufacturing processes, medical devices, and electromechanical apparatuses.
Vish litigates 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, injunctions, trials, and Federal Circuit appeals. Vish also has extensive experience in strategic counseling, due diligence, licensing, technology transactions, opinions, pre-suit investigations, and settlement agreements/negotiations.
Recently, Vish was profiled by IAM Patent 1000 as a practitioner who provides "unparalleled" service with subject matter knowledge "orders of magnitude greater than those of many others."
Prior to practicing law, Vish formulated pharmaceuticals and conducted research in the field of cardiac transplantation at Massachusetts General Hospital/Harvard Medical School.
- 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, Dean’s Scholar
- M.E., Cooper Union, Chemical/Biomedical Engineering
- B.E., Cooper Union, Chemical Engineering
- Representing pharmaceutical companies in litigation regarding anti-PCSK9 monoclonal antibody patents relating to lowering LDL cholesterol.
- Represented pharmaceutical companies in acquisition of monoclonal antibody patent estate.
- 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 multibillion-dollar private equity fund in corporate acquisitions and sales across various industries including energy and gaming machines.
"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
February 22, 2019
January 23, 2019
October 12, 2018
September 13, 2018
July 2, 2018
July 2, 2018
June 25, 2018
April 10, 2018
September 20, 2017
June 22, 2017
- New York Law Journal, "Rising Star" (2018)
- IAM Patent 1000, Litigation: New York (2016-2018)
- Super Lawyers, New York, "Rising Star," Intellectual Property Litigation (2013-2018)
- International Who’s Who of Life Science Lawyers, Patent Litigation (2016)
- Leadership Council on Legal Diversity Fellow
- American Intellectual Property Law Association
- New York Intellectual Property Law Association