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F: 415.954.4480
dgupta@fbm.com
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Deepak Gupta, Associate
Deepak Gupta is an associate in the firm's Intellectual Property practice. Mr. Gupta obtained one of the first trial court rulings of patent invalidity for obviousness applying the United States Supreme Court's KSR v. Teleflex decision in a case involving the playback of music on the Internet. The invalidity ruling was affirmed by the Federal Circuit Court of Appeals. He overcame a motion for summary judgment for patent non-infringement on behalf of a Taiwanese semiconductor design firm against one of Japan's largest electronics conglomerates. Mr. Gupta was successful on a motion to dismiss a patent case in its entirety in the Northern District of Ohio on behalf of a well known maker of routers. He submitted an amicus brief to the Supreme Court of the United States in the Bilski matter which was relied upon and cited in the Court's ruling.
Mr. Gupta successfully argued in opposition to a motion for preliminary injunction on behalf of an independent filmmaker who was sued for copyright infringement. He is presently defending Internet service providers against copyright infringement claims involving the DMCA's safe harbors.
Mr. Gupta is representing a large manufacturing conglomerate in nationwide product liability claims stemming from a natural gas delivery product. He has represented a large reinsurer in the appeal of an arbitration award of hundreds of millions of dollars. Mr. Gupta obtained a favorable settlement for a pro bono plaintiff in a case arising under the civil rights laws.
Mr. Gupta served as a law clerk to Justices Albie Sachs and Zak Yacoob of the Constitutional Court of South Africa. He has been named a Northern California Rising Star for 2010 by Super Lawyers. He frequently presents at roundtable discussions on current issues in intellectual property law.