Nisha Patel Gupta practices intellectual property law, with an emphasis on patent litigation matters. Ms. Gupta represents technology, medical device and pharmaceutical companies in IP litigation suits, as both plaintiffs and defendants. She has in-depth technological experience in diverse electrical, mechanical, and scientific fields, including telecommunications, internet platforms, computer architecture, fiber optics, semiconductor devices/microfabrication, medical devices and telehealth systems.

Ms. Gupta’s litigation experience spans all aspects of trial and appellate practice in federal courts across the United States. She has also prosecuted complex patents and has extensive experience managing post-grant matters before the United States Patent and Trademark Office, such as re-examination and inter partes review proceedings.

Ms. Gupta has also managed large-scale global litigation while in-house at a large tech company, which allows her to offer a unique business perspective and an understanding of the litigation experience from the client’s point of view. 

When not actively litigating IP cases, Ms. Gupta maintains an active pro bono practice, which has included serving as first chair in a jury trial in the Northern District of California and successfully arguing before the Ninth Circuit Court of Appeals.

Key Matters

  • IPCom in multiple patent infringement suits involving six patents relating to 3G, 4G and 5G telecommunications systems.
  • Intellectual Ventures in multiple patent infringement suits involving ten patents relating to LTE systems, ultimately resulting in a US$43 million jury verdict.
  • Intellectual Ventures in multiple patent infringement suits involving over 28 patents related to various aspects of telecommunications services including LTE and 3G infrastructure, SMS messaging, MMS messaging, web-based services and directory assistance.
  • LinkedIn in a patent infringement suit involving patents relating to recruitment / job searching methods.
  • Music Choice in patent infringement and contract suits, and related inter partes review proceedings, regarding media-on-demand technology.
  • Jazz Pharmaceuticals in trade secret misappropriation and contract suits relating to sleep-related drugs.
  • Mondis in a case against LG’s digital televisions that implement HDMI and VESA plug-and-play technology, resulting in a US$45 million jury verdict.
  • BPI Sports LLC in a patent infringement case involving nutritional supplements utilizing L-citruline.
  • One of the world’s largest telecommunications companies in a criminal matter involving RICO, conspiracy and theft of trade secrets, among other claims.
  • A digital telehealth company in a patent litigation dispute in the Northern District of California involving six patents, related inter partes review proceedings and patent portfolio counseling.
  • An artesian bottled water producer in trademark portfolio counseling and enforcement strategy.

Includes matters handled at Dechert and prior to joining the firm.

    • Venue in Patent Cases: Where Do We Go From Here? – Panelist, Federal Circuit Bar Association’s Bench & Bar Conference, Sea Island, Georgia (June 18, 2022)
    • Celebrating International Women’s Day with Sandie Okoro – Moderator, virtual (March 10, 2021)
    • Women in IP – Roundtable speaker, panel hosted by the Cardozo Intellectual Property Law Society (March 5, 2020)