To establish the existence of a protectable trade secret, companies must demonstrate that they have taken reasonable steps to maintain the secrecy of the information in question. A robust trade secret strategy protects the company’s trade secrets while also allowing the company to defend itself from accusations of trade secret theft. Companies must consider this strategy at all times, including:
In this webinar, Fish attorneys Esha Bandyopadhyay and Katherine Prescott discuss how to craft your trade secret strategy.
Principal, Fish & Richardson
Principal, Fish & Richardson
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 nonpracticing 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.
Principal, Fish & Richardson
Principal, Fish & Richardson
Katie Prescott is a principal in the Silicon Valley office of Fish & Richardson P.C. Her practice focuses on patent and trade secret litigation with an emphasis on software, network and internet technologies. Ms. Prescott has experience before U.S. district courts nationwide and she has handled all aspects of litigation, including pre-suit investigations, complaint preparation, fact and expert discovery, claim construction, summary judgment hearings, mediations, trial, design around, injunction contingency planning, and appeal. Her experience also includes leading large joint defense groups, coordinating multi-jurisdictional litigation, and negotiating litigation settlements.
Previously (2010-2013), Ms. Prescott was senior litigation counsel at a Fortune 100 consumer electronics company where she led strategy for patent and consumer class action litigations, U.S. International Trade Commission investigations and post-grant proceedings at the Patent Trial and Appeal Board.
Fish & Richardson, a premier global intellectual property law firm, is sought-after and trusted by the world’s most innovative brands and influential technology leaders. Fish offers patent prosecution, counseling and litigation and trademark and copyright prosecution, counseling and litigation. Our deep bench of attorneys with first-chair trial experience in every technology makes us the go-to firm for the most technically complex cases. We have an established reputation as a top-tier firm for patent portfolio planning, strategy and prosecution, as well as post-grant proceedings at the PTAB. Fish was established in 1878, and now has more than 400 attorneys and technology specialists in the U.S., Europe and China. Our success is rooted in our creative and inclusive culture, which values the diversity of people, experiences and perspectives. For more information, visit fr.com or follow us at @FishRichardson.