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Background

Esha Bandyopadhyay, a Principal in Fish & Richardson’s Silicon Valley office, has been practicing intellectual property and technology-related commercial litigation and counseling in the Bay Area for close to two decades. She has successfully tried and managed matters through all phases of litigation in venues across the nation, including the Northern District of California, the Eastern District of Texas, the District of Delaware, and the International Trade Commission, attaining verdicts of patent invalidity and recovering millions in damages awards and settlements.

Ms. Bandyopadhyay brings to any team a keen sense of trial strategy and jury presentation. She has successfully represented companies ranging in size from Fortune 100 to emerging start-ups, as well as highly innovative inventors. Most notably, in Better Mouse Company, LLC v. SteelSeries ApS et al., she successfully led a team of nine attorneys to a defense-side verdict in a case brought by a non-practicing entity in the Eastern District of Texas. The jury deliberated for less than two hours before delivering a verdict of no infringement. Her strategy for reaching this outcome was applauded in Forbes magazine in an article entitled Videogame Mouse Firm Offers Lesson In How To Beat A Texas Patent Troll.

Her patent litigation engagements have involved a diverse range of technologies including medical devices such as spinal fusion and atrial fibrillation devices and methods, computer software, computer hardware (including laptops, handheld devices, and computer mice), and consumer products ranging from appliances to automotive touch-up pens. She also has significant experience with trade secret disputes in high-tech industries, and has litigated numerous copyright, trademark, Internet, and false advertising matters. For the past three years, she has been named a Best Lawyer in the field of Trade Secrets.

Ms. Bandyopadhyay is heavily involved with the Silicon Valley IP Lawyers Association, the Women’s IP Lawyers Association, the National Asian Pacific American Bar Association, the South Asian Bar Association, and ChIPs. She sits on the Board of Directors of World Arts West, serves on the Host Committee of the St. Francis Foundation, and is the Social Media Chair for the Golden Gate Mothers Group. She was recently named a “Woman of Achievement” by Legal Momentum (the Women’s Legal Defense and Education Fund) and a “Woman of Influence” by the Silicon Valley Business Journal.

Ms. Bandyopadhyay received her B.A. in Economics, summa cum laude, with highest departmental distinction, from the University of California, San Diego, in 1996. At the age of 18, she was the youngest graduate in the history of the university. She received her J.D., at the age of 22, from Boalt Hall – University of California, Berkeley School of Law in 2000. She previously worked as an Economic Analyst during her year between college and law school.

Education

University of California, Berkeley 2000
J.D.


University of California, San Diego 1996
Economics, B.A.
summa cum laude

Admissions

  • California 2000

Memberships & Affiliations

Member, Silicon Valley IP Lawyers Association
Member, Women’s IP Lawyers Association
Member, National Asian Pacific American Bar Association
Member, South Asian Bar Association
Member, ChIPs
Board of Directors, Legal Momentum (2018-present)
Board of Directors, World Arts West (2017-present)
Host Committee Member, St. Francis Foundation (2017-present)
Social Media Chair, Golden Gate Mothers Group (2018-present)
Board Member, Guru Shradha Odissi Institute (2008-2013)
Advisory Board, Asian Law Alliance (2009-2011)

Other Distinctions

Accolades

Named a “Woman of Achievement” by Legal Momentum (the Women’s Legal Defense and Education Fund) (2018)

Named a “Woman of Influence” by the Silicon Valley Business Journal (2018)

Recognized by Best Lawyers® (2018-2020)

Listed by Super Lawyers as a “Rising Star” every year since 2007.

Publications & Speaking Engagements

Esha is frequently invited to serve as a guest speaker and lecturer at Boalt Hall – University of California, Berkeley School of Law. Recent speaking engagements include:

Author, “Damages for Anticipated Future Use of Trade Secrets,” Fish Litigation Blog (2019)

Panelist, “Women Trailblazers in Law,” APABA Silicon Valley Women in Law Annual Meeting (2019)

Author, “Using Anti-SLAPP Laws to Combat Trade Secret Claims: A Disappearing Mechanism?” The Recorder (2019)

Author, “Trade Secret’s Inherent Value, Part 2: Trade Secret Reasonable Royalties,” The Recorder (2019)

Author, “Trade Secret’s Inherent Value, Part 1: Avoided Costs and Trade Secret Damages,” The Recorder (2019)

Author, “Implications of ‘FMI v. Argus Media Leader’ on Trade Secret Law,” The Recorder (2019)

Panelist, “A Courageous Conversation on Lawyer Well-Being,” South Asian Bar Association National Conference (2019)

Presenter, “Trade Secrets Developments in 2018,” Fish Webinar (2019)

Author, “The Law of Unintended Consequences at Federal Circuit,” Daily Journal (2018)

Moderator, “Money Money Money,” Daily Journal Trade Secret Litigation Forum (2018)

Moderator, “What Do Judges Really Want?Daily Journal Trade Secret Litigation Forum (2018)

Moderator, “Alternative Careers in Law” ChIPs Next Gen Summit (2018)

Panelist, “Fulfilling your Partnership Potential: Inside and Outside the Firm” (2018)

Panelist, “Current Procedural Issues in Patent Law,” Patent Law in Global Perspective Conference (2018)

Moderator, “Global Strategies for IP,” Berkeley Center for Law & Technology (2017)

What's trending with Esha

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Fish Litigation Blog
October 7, 2019
Damages for Anticipated Future Use of Trade Secrets
Authors: Esha Bandyopadhyay, Karan Jhurani
Trade Secrets
Event
October 7th, 2019
Northern District of California Wellness Symposium
Speaking Engagement
News
July 22, 2019
Fish Trade Secret Attorneys Author Article in The Recorder, "Using Anti-SLAPP Laws to Combat Trade Secret Claims: A Disappearing Mechanism?"
Articles
News
July 15, 2019
Esha Bandyopadhyay Authors Article in The Recorder “Trade Secret’s Inherent Value, Part 2: Trade Secret Reasonable Royalties”
Articles
News
July 8, 2019
Esha Bandyopadhyay Authors Article in The Recorder “Trade Secret’s Inherent Value, Part 1: Avoided Costs and Trade Secret Damages”
Articles
News
June 21, 2019
Esha Bandyopadhyay and J. Kain Day Author Article in The Recorder "Implications of 'FMI v. Argus Media Leader' on Trade Secret Law"
Articles
Event
February 21st, 2019 | 1:00 pm EST
Webinar | Trade Secrets Developments in 2018
Webinar
News
December 3, 2018
Esha Bandyopadhyay and J. Kain Day Author Article in Daily Journal "The Law of Unintended Consequences at Federal Circuit"
Articles
Event
October 30th, 2018
Daily Journal's Trade Secret Litigation Forum
Speaking Engagement
Conference/Convention
News
August 15, 2018
47 Fish Attorneys Named to The Best Lawyers in America® 2019 List
Press Release
Event
September 7th, 2018
Litigating Patents Effectively
Speaking Engagement
Conference/Convention
News
June 4, 2018
Fish & Richardson Adds Distinguished Intellectual Property and Patent Litigator Esha Bandyopadhyay to Silicon Valley Team
Press Release
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