Deepak Gupta

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Deepak Gupta is a partner in Farella Braun + Martel's Intellectual Property Litigation practice with significant experience in patent and copyright litigation.  He is a founder of the firm's Internet Law Group.


Mr. Gupta’s patent litigation practice includes a complete defense judgment on behalf of a well known Internet company in a case involving technology for the search and playback of music over a network, one of the first opinions that invalidated patent claims for obviousness after the United States Supreme Court’s watershed KSR v. Teleflex decision.  He obtained a complete dismissal of patent infringement claims against a well-known router manufacturer and overcame a motion for summary judgment of non-infringement against a major Taiwanese chip maker.  The United States Supreme Court, in its landmark Bilski ruling, relied upon an amicus brief that Mr. Gupta prepared on behalf of a flagship U.S. intellectual property company.


In his copyright litigation practice, Mr. Gupta represents Internet companies as well as content owners and has significant experience litigating claims under the Digital Millennium Copyright Act (DMCA).  Mr. Gupta obtained a summary judgment win for a major Internet service provider on contributory copyright infringement claims and obtained dismissal of claims for direct infringement on behalf of a major hosting service in a highly publicized matter filed by the Motion Picture Association of America.  Mr. Gupta also represented an Internet search engine against a major record label in a case involving the DMCA’s safe harbor provisions.  He successfully defeated a motion for preliminary injunction for an independent filmmaker who was sued for copyright infringement. 


Mr. Gupta’s corporate litigation practice currently includes the representation of 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 a $100 million plus arbitration award. 


Mr. Gupta is named among the Northern California Super Lawyers (2016-2018) and previously among Rising Stars (2010-2015) in the field of Intellectual Property. He has first chaired two jury trials and prevailed in both.  Mr. Gupta frequently presents at roundtable discussions on current issues in intellectual property law.  In 2010, he served on the California Minority Counsel Program’s annual conference organizing committee.  Mr. Gupta served as a law clerk to Justices Albie Sachs and Zak Yacoob of the Constitutional Court of South Africa.