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About Esha

Esha Bandyopadhyay, a principal in the Silicon Valley office of Fish & Richardson P.C., 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 U.S. 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 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. For the past three years, 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. Starting in Spring 2021, she will teach a course on trade secrets at University of California, Davis School of Law.

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 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.

Publications

Speaking Engagements

  • Trade Secrets Damages,” Fish Litigation Webinar (October 2020)
  • “Patent Litigation: Adapting to U.S. Trends & Managing Litigation,” Global IP ConfEx (2020)
  • “Women Trailblazers in Law,” APABA Silicon Valley Women in Law Annual Meeting (2019)
  • “A Courageous Conversation on Lawyer Well-Being,” South Asian Bar Association National Conference (2019)
  • Trade Secrets Developments in 2018,” Fish Webinar (February 2019)
  • Money Money Money,” Daily Journal Trade Secret Litigation Forum (October 2018)
  • What Do Judges Really Want?Daily Journal Trade Secret Litigation Forum (October 2018)
  • “Alternative Careers in Law” ChIPs Next Gen Summit (2018)
  • “Current Procedural Issues in Patent Law,” Patent Law in Global Perspective Conference (2018)
  • “Fulfilling your Partnership Potential: Inside and Outside the Firm” (2018)
  • “Global Strategies for IP,” Berkeley Center for Law & Technology (2017)

Media Mentions

  • Named to “The Best Lawyers in America” list by The Best Lawyers in America© (2022)
  • Named a “Top Trade Secrets Lawyer” by the Daily Journal (2020)
  • 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)
  • Listed by Super Lawyers as a “Rising Star” (2007-present)
Focus Areas
Education

J.D., University of California, Berkeley School of Law (2000)


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

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).

What's trending with Esha

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News
August 19, 2021
Fish Attorneys Recognized in 2022 edition of The Best Lawyers in America
Recognition
News
News
April 16, 2021
DTSA’s Ex Parte Seizures of Property: A Drastic Trade Secret Remedy
IP Law Essentials
Blog
March 11, 2021
Preserving Trade Secrets at District Court Hearings and Trials
Authors: Kayleigh E. McGlynn, Esha Bandyopadhyay
News
February 5, 2021
ITC Litigation: Introduction to Trade Secret Protection at the ITC
IP Law Essentials
Blog
January 19, 2021
Recent Developments in Trade Secrets Damages
Authors: Esha Bandyopadhyay, Tommy Jacks
Blog
November 3, 2020
An Overview of Utility Patents in the United States
Authors: Esha Bandyopadhyay, Lance Wyatt
Blogs
IP Law Essentials
News
October 16, 2020
Esha Bandyopadhyay Named a 2020 Top Trade Secrets Lawyer by the Daily Journal
Press Release
Recognition
News
Event
October 27th, 2020 | 1:30 pm EDT
Webinar | Trade Secrets Damages
Webinar
Blog
September 11, 2020
An Introduction to Patent Regulations
Authors: Philip K. Chen, Esha Bandyopadhyay
Blogs
IP Law Essentials
Blog
August 26, 2020
What is Patent Law?
Authors: Philip K. Chen, Esha Bandyopadhyay
IP Litigation
IP Law Essentials
Blog
July 24, 2020
Trade Secret Litigation v. Patent Litigation: Similarities, Differences, and Interplay
Authors: Bobby G. Hampton, Esha Bandyopadhyay
Blogs
IP Law Essentials
Blog
July 17, 2020
Trade Secrets and Patents: Similarities, Differences, and Interplay
Authors: Bobby G. Hampton, Esha Bandyopadhyay
Blogs
IP Law Essentials
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