VALUATION
AND DAMAGES EXPERTISE
Broad expertise in economics,
law, and technology, allowing unique
insight and creative solutions.
Intellectual Property
Specializing in the valuation and quantification of damages associated with intellectual property assets, including patents, trade secrets, trademarks and copyrights.
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Reasonable royalties
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Lost profits
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Disgorgement
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Price erosion
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Commercial success
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Convoyed sales
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Standards and FRAND
Commercial Litigation
Experienced in the
quantification of damages
in cases involving:
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Breach of contract
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Business interruption
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Business tort
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Class actions
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Shareholder disputes
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Securities fraud
Bankruptcy Litigation
Skilled in bankruptcy-related
valuation issues, firm professionals have been involved in some of the nation's largest bankruptcies, including significant roles in Adelphia, Tribune, Lehman Brothers and Los Angeles Dodgers bankruptcies. Service areas include:
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Fraudulent conveyance
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Solvency
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Reasonably equivalent value
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Preference
OUR SERVICES
RECENT SUCCESS
April 10, 2024 Jury awards $525 million verdict based on Jim Bergman's testimony before U.S. District Judge Matthew Kennelly in the Northern District of Illinois. The jury found that Amazon Web Services infringed Kove's patents regarding data search capability and awarded a $525 million dollar verdict adopting Mr. Bergman's damage analysis. See Reuters article
BERGMAN CONSULTING NEWS
FEBRUARY 2024
Jim Bergman testified as the economic damages expert in a one-week trial before U.S. District Judge Beth Freeman in the Northern District of California. The jury found that AviaGames infringed Skillz's patent regarding skill based gaming and fair play, and ordered AviaGames to pay a $42.9 million judgment, adopting Mr. Bergman's reasonable royalty damage opinion to the dollar.
See Reuters article
SEPTEMBER 2023
Bergman Consulting welcomes Matthew Haskell as a Director. Matthew obtained Bachelor's Degrees in both Political Science and Statistics from Columbia University. He went on to earn his Juris Doctor Degree from Georgetown Law Center and practiced securities law prior to founding an investment firm. See Matthew's bio
OCTOBER 2022
Jim Bergman testified as the economic damages expert in a one-week trial before U.S. District Judge Richard G. Andrews in the District of Delaware. The jury found that Adobe infringed ViaTech Technologies patent regarding digital rights management and the ability to control access to digital content, and ordered Adobe to pay a $33.8 million judgment, adopting Mr. Bergman's reasonable royalty damage opinion to the dollar.
See Reuters article
JUNE 2022
The United States Court of Appeals for the Federal Circuit affirms the $7.5 million judgment in the Pavo Solutions LLC v. Kingston Technology Company, Inc. patent case. In its opinion, the Federal Circuit affirmed Mr. Bergman's reasonable royalty methodology, stating his methodology "correctly apportioned for non-infringing features" and is "exactly what our case law requires" See Federal Circuit Opinion
JANUARY 2020
Jim Bergman testified as the economic damages expert in a two-week trial before U.S. District Judge Leonard P. Stark in the District of Delaware. The jury found that VMware, Inc. infringed on two patents held by cloud infrastructure company Cirba Inc., which does business as Densify, and ordered VMware, Inc. to pay a $236 million judgment, adopting Mr. Bergman's reasonable royalty damage opinion to the dollar. See Law 360 article
RECENT SELECT CASES
Panasonic Corporation* v. Magna International Inc. (WDTX-6-21-cv-00319)
Damages expert for Panasonic's assertion of patent infringement against Magna and in rebuttal to Magna's patent infringement assertions against Panasonic.
Kove IO, Inc.* v. Amazon Web Services, Inc. (ILND 1:18-cv-08175)
Damages expert regarding patent reasonable royalty damages.
Jawbone Innovations, LLC v. Samsung Electronics Co., Ltd. et al (EDTX 2:21-cv-00186)
Testifying expert regarding patent infringement damages.
Hy-Ko Products Company, LLC v. The Hillman Group, Inc. (EDTX 2:21-cv-00197)
Testifying expert regarding lost profits, reasonable royalty, Lanham Act and false advertising damages.
Cirba, Inc. d/b/a Densify et al v. VMware, Inc.
(DED 19-cv-00742)
Testifying expert regarding lost profits and reasonable royalty patent damages and trademark infringement damages.
SEVEN Networks, LLC v. Apple Inc.
(TXED 2:19-cv-00115)
Damages expert regarding patent reasonable royalty damages.
Korea Content Platform, Inv. v. Viki, Inc.
(ICDR 01-20-0003-7855)
Damages expert regarding breach of contract involving streaming service econonmics and company valuation.
Theta IP, LLC v. Samsung Electronics Co., Ltd.
(TXWD 6:20-cv-000160)
Damages expert regarding patent reasonable royalty damages.
Aqua Connect, Inc. v. TeamViewer US, LLC
(DED 1:18-cv-01572)
Damages expert regarding patent reasonable royalty damages.
Theta IP, LLC v. Samsung Electronics Co., Ltd.
(TXWD 6:20-cv-000160)
Damages expert regarding patent reasonable royalty damages.
Aqua Connect, Inc. v. TeamViewer US, LLC
(DED 1:18-cv-01572)
Damages expert regarding patent reasonable royalty damages.
Pavo Solutions, LLC v. Kingston Technology Company (CDCA 14-cv-1352)
Testifying expert regarding patent reasonable royalty damages.
Alcoa Inc. v. Universal Alloy Corporation
(NDGA 15-cv-01466)
Damages expert regarding lost profits, price erosion and unjust enrichment for the misappropriation of Alcoa’s trade secrets.
Droplets, Inc. v. Yahoo! Inc. and Nordstrom, Inc.
(CAND 3:12-cv-03733 and 3:12-cv-04049)
Testifying expert regarding patent reasonable royalty damages.
Arconic Inc. v. Novelis Inc. and Novelis Corp.
(PAED 2:17-cv-01434)
Damages expert regarding trade secret misappropriation, disclosure of confidential information, breach of contract and antitrust violations.
SPEX Technologies, Inc. v. Western Digital, Kingston, Apricon and Toshiba (CACD)
Damages expert regarding patent reasonable royalty damages.
Ericsson v. Apple, Inc.
(EDTX 10-cv-289, 10-cv-291)
Damages expert for Ericsson regarding patent reasonable royalty damages.
Ericsson v. Apple, Inc. (EDTX 10-cv-287)
Expert consultant for Ericsson regarding FRAND reasonable royalty damages.
WHO WE ARE
Bergman Consulting has broad expertise in economics,
law, and technology, allowing unique insight and creative solutions
to efficiently service all stages of litigation from pre-case valuation
to complex litigation analysis.
CONTACT US
3525 Hyland Ave., Suite 110
Costa Mesa, CA 92626
Email: info@bergman.consulting
Tel: 949.718.4435