Brent Bersin is a managing director for the Disputes and Investigations practice. His practice is focused on providing financial and economic consulting, damages quantification, valuation, and expert witness services to clients in the context of intellectual property and commercial disputes.

Based in Houston, Brent has over 20 years of intellectual property experience, which includes market assessments, valuation, licensing, and the calculation of reasonable royalty, lost profits, unjust enrichment and price erosion damages in matters involving unauthorized use of patents, copyrights, trademarks, trade dress and trade secrets.

He has also assisted attorneys, investors, management and other stakeholders in assessing the value of early stage technologies, latter-stage technologies, patents, and intellectual property portfolios for various purposes including taxable transfers, sales transactions, licensing, intercompany transfers and collateral for financing transactions.

Brent also possesses substantial experience providing economic analysis and expert testimony in complex commercial disputes, which have included issues of lost profits, breach of contract, breach of fiduciary duty, unfair competition, tortious interference, fraud, alter ego, post-acquisition and purchase price disputes, “ability to pay” disputes, business interruption and valuation.

Brent has been designated and testified as an expert witness in Federal Court, State Court, Bankruptcy Court, and arbitration matters. He has also presented and been published frequently on the topics of economic damages, and valuation, financial, and forensic accounting issues.

Brent earned his B.B.A. in Accounting from the Bauer School of Business, University of Houston.

Representative Engagements

Intellectual Property and Technology Valuation and Licensing

  • Estimated the potential market for commercialized and non-commercialized products and services for purposes of patent licensing, technology licensing, and investor considerations.
  • Provided opinions regarding appropriate royalty payments, royalty payment structures, and ongoing royalty rates for the licensing of various patents and technology assets.
  • Conducted royalty audits to determine compliance with the terms of license agreements including proper reporting of licensed transactions and related royalty payments.
  • Assisted companies with licensing technologies to third parties to provide royalty income.

Energy and Chemicals

  • Evaluated damages in a matter involving an oil and gas lease trespass dispute.
  • Evaluated damages in a matter involving theft of trade secrets related to oil and gas exploration and production processes.
  • Evaluated damages in a matter involving contract and trade secret misappropriation claims related to technology used in the manufacture of sulfur dioxide.
  • Analyzed damages in a matter involving claims of trade secrets misappropriation and patent infringement related to technology used to produce cellular concrete.
  • Determined patent infringement damages in a matter involving related to the manufacture of linear low-density polyethylene (LLDPE) based tie-layer resins.
  • Evaluated damages in a matter involving the inspection and processing of oil country tubular goods.
  • Traced and determined the volumes and dollar amounts of stolen natural gas condensate transacted by various energy companies.
  • Evaluated economic damages claim in a matter involving claims of theft of trade secrets related to industrial butterfly valves.
  • Retained as independent accountant in post-acquisition working capital dispute involving the purchase of an energy company.
  • Determined economic damages from the loss of use of property intended for the construction of an asphalt and crude production facility. 

Technology/E-Commerce

  • Evaluated damages issues in a matter involving a number of claims related to alleged Internet click fraud and fake advertisements in the search advertising space.
  • Calculated reasonable royalty damages in a patent infringement matter involving technology related to the personalization of bank credit and debit cards.
  • Determined reasonable royalty damages in a patent infringement matter involving technology concerning personal recommendation used in online retailing.
  • Evaluated economic damages in a patent infringement and trade secrets theft matter involving technology used to target and measure effectiveness of advertising to television audiences.
  • Calculated reasonable royalties in a patent infringement matter involving artificial intelligence technology used in manufacturing.
  • Evaluated reasonable royalty damages in a matter involving smart meter and smart appliance technology.
  • Evaluated reasonable royalties due a patent owner in a matter involving Bluetooth technology enablement in automobiles.
  • Evaluated reasonable royalty damages in a patent infringement matter involving provisioning and automated updating technologies.
  • Determined reasonable royalty damages in a patent infringement matter related to online electronic proposals.
  • Calculated economic damages in a matter involving breach of contract claims related to the sale of servers and IT solutions.

Healthcare/Life Sciences

  • Evaluated damages in a matter concerning allegations of misappropriation of confidential and trade secret information related to electronic health/medical records.
  • Calculated damages in a matter involving false advertising claims under the Lanham Act, which related to the alleged improper marketing and sale of generic pharmaceutical products.
  • Determined lost profits and reasonable royalty damages in a patent infringement matter involving technology related to vein surgery products.
  • Determined damages in connection with an indemnification provision in an agreement in connection with the acquisition of a manufacturer of homeostasis testing equipment.
  • Prepared a valuation of biotechnology with implications for the early treatment of strokes for purposes of an intercompany transfer.
  • Determined lost profits and reasonable royalty damages in a patent infringement matter involving joint replacement technology.
  • Calculated damages related to a matter involving breach of contract and misrepresentation related to medical devices used to remove fibroid tumors.
  • Evaluated the potential market, licensees, and economic licensing terms for a new injection technology on behalf of a state university.

Manufacturing and Retail

  • Evaluated damages in a breach of contract matter related to the distribution and sale of computerized numerical control (CNC) machine tools.
  • Evaluated the economic losses in a matter involving claims of copyright infringement and trademark infringement related to protective cases for mobile phones.
  • Calculated economic damages in a matter concerning patient information boards used in hospitals involving claims of cyber-piracy, trademark infringement, false advertising, and civil conspiracy.
  • Calculated damages in a theft of trade secrets matter related to the engineering and manufacture of automotive components.
  • Evaluated damages involving claims of copyright and trade dress infringement related to rooftop support products.
  • Evaluated the damages relating to the compromised installation of an enterprise resource planning (ERP) system at a national retailer of household goods and furnishings.
  • Calculated patent infringement damages involving technology related to a design feature of agricultural flooring.
  • Calculated damages in connection with copyright infringement claims related to certain jewelry designed and sold by a national retail jewelry chain store.

Other Matters

Determined economic damages for a global environmental services company in connection with violation of an employment agreement by a former top executive.
Served as accounting expert in a dispute regarding the earn-out and bonus payments in connection with an acquisition of a software services company.
Evaluated damages related to claims of breach of contract and diminution in value related to an agreement between the founders of a restaurant chain and an exclusive franchisee.
Retained to assess accounting, operational, and cash transfers in a dispute involving a mobile phone recycling and refurbishment business joint venture.
Evaluated damages related to claims of lender liability in a matter involving a regional bank.

Certifications
  • Certified Public Accountant (CPA), licensed in Texas
  • Certified in Financial Forensics (CFF)
  • Certified Licensing Professional (CLP)

Education
  • B.A. in Accounting, Bauer School of Business, University of Houston, Houston, TX,1993
Other

Professional Affiliations

  • American Institute of Certified Public Accountants (AICPA), Member
  • AICPA Forensic and Valuation Services (FVS) Section, Member
  • American Bar Association, Co-Chair of Expert Witness Subcommittee, Member of Trade Secrets and Interference with Contracts Committee
  • Forensic and Valuation Services Quarterly Consulting Digest, Technical Advisory Board (2011-2016)
  • Licensing Executive Society (LES), Member
  • Texas Society of Certified Public Accountants (TSCPA), Member
  • University of Texas Advanced Patent Law Institute, Planning Committee Member

Community Involvement

  • Congregation Beth Israel Board of Trustees, Board Member
  • The Shlenker School Board of Trustees, Finance Committee Member (former Treasurer)
  • The Woods Project, Advisory Board Member
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