Esha Bandyopadhyay has been practicing intellectual property and technology-related commercial litigation and counseling in the Bay Area for over two decades.
Esha 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 U.S. International Trade Commission, attaining verdicts of patent invalidity and recovering millions in damages awards and settlements.
Esha 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 startups, 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. Every year since 2015, she has been named a Best Lawyer in the field of trade secrets. In October 2020, Esha was named a “Top Trade Secrets Lawyer” by the Daily Journal. Since spring 2021, she has been teaching Trade Secret Law at University of California, Davis School of Law.
Esha 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 Legal Momentum (The Women’s Legal Defense and Education Fund, formerly known as National Organization for Women). She was recently named a “Woman of Achievement” by Legal Momentum and a “Woman of Influence” by the Silicon Valley Business Journal.
Esha 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 the University of California, Berkeley, School of Law in 2000. She previously worked as an economic analyst during her year between college and law school.
Esha has trained in Odissi, Indian Classical Dance from the eastern state of Orissa, India, since the age of 8. In her spare time, she continues to practice her art form, and now hopes that her daughter will follow in her footsteps. Esha is also a certified Pilates instructor, but these days the bulk of her exercise is in the form of running after her toddler son.
Recognitions & awards
Best Lawyers in America
Top Trade Secrets Lawyers in California
Women of Achievment
Legal Momentum (The Women's Legal Defense and Education Fund)
Women of Influence
Silicon Valley/ San Jose Business Journal
Board of Directors, Legal Momentum (2018-present)
Board of Directors, World Arts West (2018-2021)
Silicon Valley IP Lawyers Association
Women's IP Lawyers Association
National Asian Pacific American Bar Association
South Asian Bar Association
Host Committee Member, St. Francis Foundation (2017-2021)
Social Media Chair, Golden Gate Mothers Group (2016-2022)
Board Member, Guru Shradha Odissi Institute (2008-2013)
Advisory Board, Asian Law Alliance (2009-2011)
Pro bono activities
As a member of the board of Legal Momentum, Esha is dedicated to impacting law and policy that will promote the equality, education and empowerment of women and girls. She devotes an extensive amount of her time to these causes, including through pro bono projects in Legal Momentum-Fish collaborations.