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 23, 2026 Jury awards $719 million in disgorgement damages against Papaya Gaming and $420 million in lost profits to Skillz Platform Inc. in the largest Lanham Act false advertising verdict in history based on Jim Bergman's testimony before U.S. District Judge Denise Cote in the Southern District of New York. The jury found Papaya liable for false advertising by secretly using bots instead of human competitors in its games. See Bloomberg article
November 14, 2025 Jury awards $634 million verdict based on Jim Bergman's testimony before U.S. District Judge James Selna in the Central District of California. The jury found that Apple infringed Masimo's patent regarding pulse rate features in Apple Watch. See Reuters article
October 10, 2025 Jury awards $445.5 million verdict based on Jim Bergman's testimony before U.S. District Judge Rodney Gilstrap in the Eastern District of Texas. The jury found that Samsung infringed Collision Communication's patents regarding multiuser detection in wireless devices. See Reuters article
July 23, 2025 Jury awards $175 million verdict based on Jim Bergman's testimony before U.S. District Judge Rodney Gilstrap in the Eastern District of Texas. The jury found that Verizon infringed Headwater Research's patents regarding data and capacity savings. See Reuters article
September 13, 2024 Jury awards $192.1 million verdict based on Jim Bergman's testimony before U.S. District Judge Rodney Gilstrap in the Eastern District of Texas. The jury found that Samsung infringed Mojo Mobility's patents regarding wireless charging. See Reuters article
July 26, 2024 Jury awards $263 million verdict based on Jim Bergman's testimony before U.S. District Judge James Selna in the Central District of California. The jury found that Western Digital infringed MR Technologies' patents regarding increased hard drive areal density and capacity. See Reuters article
June 14, 2024 Jury awards $122 million verdict based on Jim Bergman's testimony before U.S. District Judge Alan Albright in the Western District of Texas. The jury found that Amazon infringed AlmondNet's patents regarding targeted internet advertising. See Reuters article
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. 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
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