Jordan focuses on complex intellectual property litigation between competitors in patent law. While he is particularly experienced in the technology behind telephony, video-on-demand and video game systems, he has also worked with a wide variety of other technologies, including methods for producing athletic garments, systems for monitoring power grids, optical equipment and methods for encrypting software. Jordan also has experience litigating trademark and copyright infringement.
While Jordan has significant experience at all stages of large, multipatent competitor cases, Jordan’s specialty is distilling the complex issues in such cases into concise, persuasive briefs and digestible jury arguments. Jordan also has significant experience in the courtroom: he has successfully argued dispositive motions and claim construction issues, and cross-examined a witness in a three-week patent trial. Jordan has conducted and defended depositions at every level (including fact and expert depositions, depositions of C-level executives at Fortune 100 companies, and personal and corporate depositions), and on a broad range of issues (including infringement, equitable, and damages issues). Jordan also has worked on several appeals in patent cases—winning both reversals and affirmances for his clients.
Before becoming an attorney, Jordan served as an Americorps VISTA volunteer with Pro Bono Net and Montana Legal Services. There, he partnered with law firms, national nonprofits and software developers in adapting new technology to provide legal information to traditionally underserved populations.
Rob Reckers, Jordan Bergsten & Melissa Marrero, Wait For It: "Unreasonable Delay" in Bringing Suit is No Longer a Defense in Patent Cases, IPQ: Enhancing Your IP IQ (May 2017).
Jordan T. Bergsten & Peter Strand, Concrete Signs of an Abstract Idea: Vehicle Intelligence May Peek Into the Future of Invalidity, IpQ: Enhancing Your IP IQ (Feb. 2016).
Jordan T. Bergsten, Twelve Years of Surveys: How the Arising Interpretation of the Federal Trademark Dilution Statute Chills Parody Trademarks and How Courts Can Change This, AIPLA Quarterly Law Journal 42-2 (2014).
Jordan Bergsten, review of Rethinking Patent Law by Robin Feldman, 23 Law & Politics Book Review 325 (2013).