Overview

Nitika Gupta Fiorella focuses her practice 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, automotive design and innovation, and polymer chemistry.

Nitika has extensive courtroom experience, including experience examining witnesses and arguing jury instructions at trial, arguing claim construction, summary judgment, and post-trial motions, and arguing multiple appeals before the Federal Circuit. 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.

Experience

  • 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)

Professional associations

  • South Asian Bar Association, President (2022-Present), Board Member (2017-2022)
  • Innocence Delaware, Board Member
  • Third Circuit Lawyers Advisory Committee, Chair

Pro bono activities

  • Federal Civil Panel
  • Immigration Equality