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 NEWS
AUGUST 2022
Bergman Consulting welcomes Mario Avila as a Senior Financial Analyst and Jacky Doan as a Financial Analyst. Mario finished a dual-degree program earning his Bachelor of Science in Mechanical Engineering from Columbia University and Bachelor of Arts in Management-Engineering from Claremont McKenna College. He went on to earn a dual Master of Science in Engineering & Technology Innovation Management and Master of Science in Mechanical Engineering from Carnegie Mellon University. Jacky has Bachelor of Arts in Quantitative Economics from the University of California at Irvine with a minor in Computer Science. Both Mario and Jacky have broad experience within a wide range of industries.
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
MARCH 2022
Jim Bergman testified as the economic damages expert for Droplets Inc. against Yahoo! Inc. After a three-week trial before U.S. District Court Judge Jon S. Tigar in the Northern District of California, the jury found that Yahoo! infringed Droplets' patent regarding the use of interactive web links and ordered Yahoo! to pay a $15 million judgment. See Bloomberg Law article
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
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.
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.
CONTACT US
3525 Hyland Ave., Suite 110
Costa Mesa, CA 92626
Email: info@bergman.consulting
Tel: 949.718.4435
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.
Jim W. Bergman
President & Founder
Frank J. Sesi
Managing Director
Anna V. Schlotzhauer
Senior Consultant
Mario Avila
Senior Financial Analyst
Jacky Doan
Financial Analyst
