Areas of Practice
Education
  • Benjamin N. Cardozo School of Law, J.D., 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 New York
  • US District Court, Eastern District of New York
  • US Court of Appeals, Federal Circuit
  • US Patent and Trademark Office

Vishal C. Gupta

Partner
1114 Avenue of the Americas
New York NY 10036
TEL: +1 212 506 3933
FAX: +1 212 506 3950

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 pharmaceuticals, biologics, manufacturing processes, medical devices, and electromechanical apparatuses.

Mr. Gupta 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. 

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 and researched in the field of cardiac transplantation at Massachusetts General Hospital/Harvard Medical School.

Recently, Mr. Gupta 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."

Representative Matters

  • 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 multi-billion dollar private equity fund in corporate acquisitions and sales across various industries including energy and gaming machines

Noteworthy

  • New York Super Lawyers "Rising Star," Intellectual Property
    Litigation, 2013-2017
  • IAM Patent 1000, Litigation: New York, 2016-2017
  • International Who’s Who of Life Science Lawyers, Patent Litigation, 2016 

Select News & Events

Selected Publications

Professional Affiliations

  • American Intellectual Property Law Association
  • New York Intellectual Property Law Association