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About Nitika

Nitika Gupta Fiorella is a principal in the Delaware office of Fish & Richardson P.C. Her practice focuses on complex patent litigation, spanning a wide range of technologies. Nitika has worked on cases involving pharmaceuticals (including Hatch-Waxman litigation), oil and gas technology, software, medical devices, and polymer chemistry. She has experience in all phases of litigation, including pre-suit diligence, case management, preliminary injunctions, document collection and production, fact and expert discovery, claim construction, summary judgment and Daubert hearings, trial, and appeal. Nitika also has courtroom experience, including examining expert witnesses at hearings, arguing discovery and summary judgment motions, and arguing jury instructions at trial. In addition to district court litigation, Nitika has worked on post-grant proceedings, including inter partes review, and matters before the U.S. International Trade Commission.

Nitika rejoined the firm in 2016 after serving as a law clerk for the Honorable Kent A. Jordan of the U.S. Court of Appeals for the Third Circuit (2014-2015) and for the Honorable Chief Judge Sharon Prost of the U.S. Court of Appeals for the Federal Circuit (2015-2016). Prior to attending law school at New York University, Nitika attended the University of Delaware as a Eugene DuPont Scholar, where she obtained dual degrees in chemical engineering and political science. She is also fluent in Hindi.

Selected to participate in the Delaware Federal Trial Practice Seminar, an intensive litigation seminar sponsored by the U.S. District Court for the District of Delaware.

Publications

Lessons For 2021 From Fed. Circ. Post-Grant Review Cases,” Law360 (January 3, 2021).

Empowering Our Future Litigation Leaders,” Corporate Counsel Business Journal (November 2020).

Federal Circuit Faces Pressure From Four Directions in New Year,” Bloomberg Law (December 30, 2020).

Speaking Engagements

Panelist, Richard K. Herrmann Technology Inn of Court (November 16, 2020).

Post-Grant for Practitioners Webinar | Post-Grant Appeals,” co-speaker, Fish Post-Grant Webinar (November 5, 2020).

Intellectual Property Litigation – Strategies and Stories From Practice During the Pandemic,” co-speaker, Philadelphia Intellectual Property Law Association’s (PIPLA) September Meeting (September 16, 2020).

Parallel Networks Licensing, LLC v. Microsoft Corporation (D.Del., trial and appeal to Fed. Cir.)

Represented leading pharmaceutical company in Hatch-Waxman trial (E.D. Tex.)

In the Matter of Certain Sleep-Disordered Breathing Treatment Systems and Components Thereof (Investigation No. 337-TA-879, ITC, trial)

Focus Areas
Education

J.D., New York University School of Law (2013) Articles Editor, New York University Law Review; Robert McKay Scholar; David Friedman Memorial Award;


B.S.C.E, Chemical Engineering, University of Delaware (2009) Eugene DuPont Memorial Distinguished Scholar Award


B.A., Political Science, University of Delaware (2009) Best Attorney in Region, Mock Trial Competition; Stanley Jacob Schechter Award

Admissions
  • Delaware 2013
  • U.S. Court of Appeals for the Third Circuit 2015
  • U.S. Court of Appeals for the Federal Circuit 2016
  • U.S. District Court for the District of Delaware 2014
Languages
  • English
  • Hindi
Clerkships

U.S. Court of Appeals for the Federal Circuit, The Honorable Sharon Prost, 2015 - 2016

U.S. Court of Appeals for the Third Circuit, The Honorable Kent A. Jordan, 2014 - 2015

Memberships & Affiliations

South Asian Bar Association, Board Member

Federal Civil Panel, pro bono

Immigration Equality, pro bono

What's trending with Nitika

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Event
April 13th, 2021 | 5:30 pm EDT
2021 American Bar Association - Intellectual Property Law Section Annual Meeting
Speaking Engagement
Conference/Convention
Sponsorship
News
January 5, 2021
Fish & Richardson Elevates Its Most Diverse Principal Class Ever
Press Release
News
News
January 4, 2021
Fish Attorneys Author Law360 Article, "Lessons For 2021 From Fed. Circ. Post-Grant Review Cases"
Media Mention
Articles
News
Q&A
November 12, 2020
Q&A with Riqui Bonilla and Nitika Gupta Fiorella for Corporate Counsel Business Journal
Authors: Nitika Gupta Fiorella, Ricardo Bonilla
Event
November 16th, 2020 | 5:30 pm EST
Richard K. Herrmann Technology Inn of Court
Speaking Engagement
Event
November 5th, 2020 | 1:30 pm EST
Webinar | Post-Grant for Practitioners: Post-Grant Appeals
Webinar
Event
September 16th, 2020
Philadelphia Intellectual Property Law Association’s (PIPLA) September meeting
Speaking Engagement
Webinar
News
April 23, 2020
Nitika Gupta Fiorella Quoted in Bloomberg Law Article, "Remote Court Arguments Pose Challenges, New Routines for Lawyers"
Media Mention
News
News
April 16, 2020
Nitika Gupta Fiorella Quoted in Law360 Article, "Lessons From 1st Attys To Argue At The Fed. Circ. By Phone"
Media Mention
News
News
April 14, 2020
Nitika Gupta Fiorella Quoted in Law.com Article, "Skilled in the Art: Fish Associate's First CAFC Argument Poses Extra Challenge + Goodwin Procter and MoFo's Streaming War + Gilead Saves Lives, Pays Enhanced Damages"
Media Mention
News
Event
May 9th, 2018 | 6:00 pm EDT
Happy Birthday TC Heartland from Fish Delaware: A Review
Speaking Engagement
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