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. 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.
University of California, Berkeley, School of Law 2000 J.D.
University of California, San Diego 1996 Economics, B.A. summa cum laude
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)
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) and frequently writes on issues pertaining to patent litigation, trade secret litigation, and litigation avoidance. Esha is also a regular contributor to Fish’s Litigation Blog and Fish’s IP Law Essentials. Starting in Spring 2021, she will be a Visiting Lecturer at University of California, Davis School of Law.
Recent speaking engagements and publications include: