Overview

When clients want to capitalize on their investments in their brands, technology, and other intellectual property (IP), they turn to attorney Hemant Gupta. With a business-minded approach, he guides clients toward creative solutions for getting and enforcing their IP rights, whether in retail, software, or biotech.

Hemant has worked with some of the world’s best-known brands to establish and safeguard their IP rights, focusing particularly on patent and trademark prosecution, counseling, licensing, and enforcement. Known for his practical guidance and strategic approach, he assists business leaders, marketing departments, and product development teams in acquiring IP rights with real-world value. Whether through filing applications, obtaining IP assets, or designing comprehensive copyright and trade secret programs, Hemant delivers tangible results.

Hemant represents a broad spectrum of clients, from emerging companies to Fortune 500 corporations, in many technology areas, such as biotechnology, consumer products, software, industrial components, and medical devices. Clients in the health care and life science fields benefit from his years of experience in academic research, his graduate work in molecular biology, and his past career in cancer research at a leading children’s hospital.

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Also a former programmer and systems administrator, Hemant has a deep understanding of software and systems architecture. This, coupled with his robust business acumen, makes him an invaluable resource for clients navigating technology matters. He has negotiated joint venture agreements, collaboration agreements, technology licenses, source code escrow agreements, SaaS contracts, enterprise software agreements, and other complex agreements, particularly in cutting-edge areas like artificial intelligence (AI), blockchain, and cloud computing.

In sophisticated corporate transactions, clients seek Hemant’s advice on growing and protecting their IP assets in preparation for investments or acquisitions. He assists companies in structuring their IP and technology assets for maximum return, including developing global patent strategies and advising on IP holding companies and corporate structures. He is heavily involved with emerging companies and technology accelerators and helps them with venture capital, mergers and acquisitions, and structuring deals for sellers, investors, and private equity groups.

Before joining Epstein Becker Green, Hemant was a partner at a national technology law firm. Prior to that, he was head of the IP practice at a national law firm. In addition to his professional activities, Hemant is an avid supporter of the arts and serves on multiple music-related boards.

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Focus Areas

Experience

  • Served as lead outside IP counsel for one of the largest manufacturers of premium fitness products.
  • Represents various companies in technology transactions, including drafting and negotiating licensing and software agreements, such as cloud computing, SaaS, PaaS, enterprise agreements, blockchain, AI, and smart contracts.
  • Handled the sale of a division of a large company, including inventory and IP assets.
  • Represented a logistics company in platform development agreements, API licenses, and the development of AI policies.
  • Assisted a private equity company in the acquisition of well-known furniture brands.
  • Developed a commercialization and technology transfer program for an academic research hospital.
  • Negotiated enterprise software agreements for a publicly traded company divested from its parent company.
  • Developed a global IP protection strategy for a large retailer.
  • Advises life sciences and medtech accelerators on technology licensing, commercialization, and collaboration agreements with academic research hospitals and universities.
  • Handles asset purchase and vendor agreements for software, biotech, and emerging companies.

Recognition

Credentials

Education

  • University of Memphis Cecil C. Humphreys School of Law (J.D., 2005)
  • University of Pennsylvania (B.S., 1997)
    • Biomedical Engineering degree

Bar Admissions

Court Admissions

Professional & Community Involvement

  • Life Sciences Tennessee
    • Board of Directors (2023 to 2024)
    • Legislative Advocacy Team (2022 to 2024)
  • Association for Corporate Growth, Tennessee (2023 to 2024)
  • Association for Corporate Growth, Dallas (2023 to 2024)
  • Music Export Memphis, Board Member (2023 to 2024)
  • Blues Foundation, Board Member (2021 to 2022)
  • International Trademark Association, IP Litigation Section (2008 to 2023)
  • American Intellectual Property Law Association
  • Memphis Bar Association (2010 to 2023)
    • Entertainment Section, Board of Directors
    • Intellectual Property Section, Board of Directors
    • Technology Section, Board of Directors
  • Memphis Leadership Academy, Fellow
  • Memphis Music Foundation, Board Member (2010 to 2013)
  • New Memphis Institute, Leadership Academy Fellow (2008 to 2009)
  • Tennessee Bar Association, Intellectual Property Section
    • Executive Committee, Member (2010 to 2023)
    • Chair (2013 to 2014, 2018 to 2019)
  • Tennessee Intellectual Property Law Association, Board of Directors (2008 to 2009)
  • Zero to 510 (2016 to 2019)

Certifications

  • ISC2 Certified in Cybersecurity
  • U.S. Patent and Trademark Office, Registered

Events

Past Events

Media

Insights

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