Shirish Gupta

Shirish Gupta

JAMS Mediator, Arbitrator and Referee/Special Master

Case Manager
Jesika Lee
T: 408-346-0767
F: 408-296-5267
160 W. Santa Clara St.,, Suite 1600, San Jose, CA 95113


Shirish Gupta, a full time neutral at JAMS, has substantial experience resolving intellectual property disputes, including both patent cases, as well as copyright and other types of IP disputes. Shirish brings his years of experience both as a neutral and as an IP practitioner to bear in his mediations and arbitrations. He brings a rare combination of IP advice and counseling along with first chair litigation experience, even securing a PI against a former employee from the Northern District of California.

With an undergraduate degree in economics, Shirish is particularly adept at analyzing complex damage models and communicating with experts.

Shirish has a high resolution rate and is sought out by Silicon Valley startups, as well as Fortune 500 companies. In 2014, The Recorder conducted an extensive survey of Bay Area Attorneys and named Shirish the Best Independent Mediator.

Shirish is an Adjunct Professor at UC Hastings, where he teaches Negotiation.

 Representative Mediations

  • Copyright
    • Public broadcast of copyrighted boxing match beyond the scope of the license
    • Publisher claiming that the author of a copyrighted work was selling an unauthorized new version
    • Use of copyrighted videos/photos beyond the terms of the license
    • Display of copyrighted photos on a commercial website without a license
    • Claims that an imported textiles’ design and patterns infringed a copyrighted design
    • Claim by health care start-up co-founder/developer that he jointly owned the company’s code because there was no copyright assignment
    • Claim that a traditional Indian Vastu Shastra practitioner’s marketing materials were being used without consent
  • Trademark & False advertising
    • Craigslist v. Craigstruck: Business name with a similar prefix as a famous mark
    • Use of famous person’s name, image and likeness in videos and on the web allegedly without permission
    • Use of a franchised gym’s trademarks after the franchise agreement had allegedly been breached
    • UGG boots: Importation of footwear infringing trademarked design and marks
    • Cellphone cases/peripherals
  • Patent
    • DVD software patent claim by non-practicing entity against Fortune 500 OEM
    • Multiple actions brought by a Chapter 11 non-practicing entity against OEMs over Flash memory patents
    • USB interface hardware patent claim by non-practicing entity against multiple Fortune 500 OEMs
    • Arterial stent patent claim by non-practicing entity against medical device maker
    • Shower fixture manufacturer asserting an assembly patent against its former customer
    • Cellphone case patent claim by non-practicing entity against case and peripherals distributor
    • Network security patent claim by non-practicing entity against mid-size company
    • Post-license sales of a product using a patented claim
    • Whether an upstream patent license covered a downstream OEM

Representative Legal Experience
Prior to becoming a full-time neutral, Mr. Gupta handled the following representative IP matters:

  • Patent
    • Patent infringement case brought by a dental device company against a competitor in CD Cal. over a packaging patent
    • Patent infringement case brought by a tooth whitening company against a competitor in ND Cal. over formulation and method patents
    • Patent infringement case brought by non-practicing entity against a laminate flooring company in ND Cal. over mechanical locking patent
    • Patent infringement case brought by a non-practicing entity against multiple photo sharing services in ED Tex. over photo metadata access patents
    • Patent infringement case brought by a server company against a competitor in ND Cal. over a dozen database file system patents
    • Assisted foreign client in preventing its main competitor from entering a product space by asserting its patent portfolio
    • Dissolution of a biotech patent license agreement where the licensor claimed royalties over patents applications that never issued
    • Counseled a database expert retained for a patent trial
  • Copyright
    • Resolved pre-litigation a copyright claim over the use and public performance of a musical composition
    • Copyright infringement case brought by a Manny Pacquiao boxing match licensee in ND Cal. against a bar publicly displaying it without a license
    • Copyright infringement case brought by a VOIP provider against a licensee in SDNY for breaching an OEM licensing and distribution agreement
    • Copyright infringement case brought by a VOIP provider against a Chinese company in ND Cal. for breaching an OEM licensing and distribution agreement
    • Represented financial services technology company in negotiations over the scope of a NASDAQ quotation data feed copyright license
    • Negotiated resolution of a breach of a YouTube channel joint venture agreement between content-creators
    • Assisted a self-publishing company to enter into a white-label agreement involving copyright and trademark issues with a media company
    • Assisted a photobook provider to enter into a white-label agreement involving copyright issues with camera manufacturer
    • Resolved pre-litigation a royalty dispute between co-authors of a computer science textbook
    • Drafted model release clauses for media clients
    • Drafted video production agreements
    • Assisted print publishers in transitioning to digital publishing and digital consumption of written media
    • Drafted an iOS software development agreement for CPA test prep apps
    • Negotiated web site and content development agreements with an emphasis on copyright ownership
  • Trademark
    • Trademark infringement action in ND Cal. involving the “DOSA” mark in the food service/restaurant space
    • Trademark infringement actions in ND Cal. against entities using the “BIGDATA” trademark
    • Prosecuted trademarks for the “Curry Up Now” name and logo
    • Resolved pre-litigation a claim that a small web developer was infringing Lockheed Martin’s “Skunk Works” trademark
  • Trade Secret
    • Obtained a TRO in ND Cal. against a former employee who had formed a competing venture using client’s trade secrets
    • Defended a Dutch software company against claims of trade secret misappropriation by a US entity
    • Defended an employer against claims of trade secret misappropriation for hiring a competitor’s executive
    • Advised an executive over allegations that he had misappropriated trade secrets in the course of changing employers
Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.

  • Honors and Awards
    • Honoree, Northern California ADR Faculty Conference, Center for Negotiation and Dispute (CNDR), 2020
    • ALM Media and Martindale-Hubbell, Northern California Top Rated Lawyer, 2019
    • Best Independent Mediator, The Recorder, 2014
    • Northern California Super Lawyer, 2013-Present
    • South Asian Bar Association of North America's Cornerstone Award, 2015
    • Coach of the Year – Foster City AYSO, 2014
    • Southern California's Top Rated Lawyers, 2012-2013
    • Super Lawyers Bay Area Rising Star in ADR, 2010-2012
    • National Asian Pacific American Bar Assoc.'s (NAPABA) Best Under 40 Award, 2007
  • Memberships/Professional Activities
    • State Bar of California: Council of Sections Co-Chair (2015-2016); Solo and Small Firm Section Chair (2013-2014)
    • South Asian Bar Association of Northern California President, 2006-2008
    • San Francisco Bay Area Intellectual Property Inn of Court Barrister, 2003-Present
    • California Minority Corporate Counsel Program Member, 2009-Present
    • National Asian Pacific American Bar Association, Alternate Regional Governor, 2008-2010
    • American Association of Physicians of Indian Origin Ethics and Grievances Committee Advisor, 2010-2011
    • South Asian Bar Association of North America: Board Member (2006-2007); National Convention Co-chair (2007: San Francisco)
    • U.S. Courts of Appeals for the Ninth Circuit and the Federal Circuit
    • U.S. District Courts for the Northern, Central, Southern, and Eastern Districts of California
  • Authored Articles
  • Speaking Engagements
    • Northern District Practice Program: Mediation, Settlement Conference, and Case Management (2018: San Jose); PLI Negotiation Skills (2016-2019: San Francisco); Ten Ways to Win for Your Client at Mediation (2018: Oakland); Negotiating via Text (2018: San Francisco); Learning from Experience: Making Arbitration Work (2018: San Francisco); Effective Negotiation and Settlement Strategies (2015: San Francisco); Anatomy of an Arbitration (2015: San Diego); Ethics in Arbitration Agreements, Fee Agreements, Joint and Successive Representation (2015: San Mateo); Carden Academy Commencement Keynote Address (2014: San Jose); Arbitrating a FRAND License for a Standards Essential Patent (2014: Redwood City); To Post or Not: The Social Media Ethical Dilemma (2014: Oakland, Riverside); ADA and Accessibility Risk Management for Law Firms (2013: Long Beach); Thinking on Your Feet at a Mediation (2012: Long Beach, Philadelphia, Ventura); Mock Mediation: A Behind the Scenes Look at a Mediation (2011: Long Beach); NASABA Idol - Interactive Workshop Focusing on Negotiation Strategies in Mediation (2010: Boston); New Initiatives in ADR in India (2006: Menlo Park); Mediation in Intellectual Property Matters in the U.S. (2005: New Delhi); Hot Topics in Trademark Law (2012: Monterey); Implications of Recent Patent Case Law (2012: San Jose)
  • ADR Profile
  • Principal, Flashpoint Mediation (San Mateo, Sacramento, and Irvine, CA), 2010-2015
  • Principal, Flashpoint Law (San Mateo and Irvine, CA), 2008-2015
  • Senior Litigation Associate, Mayer Brown (Palo Alto, CA), 2002-2008
  • Litigation Associate, Howard Rice Nemerovski Canady Falk & Rabkin (now Arnold & Porter) (San Francisco, CA), 1999-2001
  • J.D., University of Chicago Law School
  • B.A., magna cum laude, Double Major: Economics and Legal Studies, UC Berkeley

Counsel Comments

    • “Shirish was extremely effective as a mediator. It was readily apparent that Shirish thoroughly enjoyed his role as the mediator. He remained undaunted in the face of the occasional emotional outbursts of the parties. I contribute the reason the parties eventually settled this highly contested dispute to Shirish's unrelenting patience and understanding, as well as his ability to empathize with each party.”
    • “From the outset, I was impressed by Mr. Gupta’s professionalism and intuitive ability to navigate the parties’ conflicting views and positions. Shirish is fair, unbiased and I felt I could trust him.” 
    • “Shirish was personable, made efforts to put people at ease, and was empathetic without losing efficiency.” 
    • “On the eve of trial, the parties remained substantially apart. Mr. Gupta demonstrated patience in helping both sides understand not only the strengths, but also the weaknesses in their respective positions.” 
    • “Shirish is a thorough and thoughtful mediator.” 
    • “I thought Shirish did a good job of trying to understand the technology and bridge the gap between the parties. I also felt that he was good at trying to bring the parties together without being too pushy.”



Practice Areas

  • Antitrust/Competition Law
  • Arbitration
  • Banking
  • Business/ Commercial
  • Construction Defect
  • Employment
  • Entertainment & Sports
  • Financial Markets
  • Franchise
  • Health Care
  • Higher Education & Title IX
  • Insurance
  • Intellectual Property
  • Professional Liability
  • Securities
  • Special Master/Discovery Referee
Available nationwide


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