Jordan is a trial lawyer who focuses on complex intellectual property litigation between competitors in patent law, and specializes in developing and executing powerful thematic narratives in high-stakes jury trials. While he is particularly experienced in the technology behind telephony, online video, and video game systems, he has also worked with a wide variety of other technologies, including outdoor sporting equipment and accessories, methods for producing athletic garments, systems for monitoring power grids, optical equipment, and methods for encrypting software. Jordan also has experience litigating trade secret misappropriation, breach of contract, trademark, and copyright infringement issues.
While Jordan has significant experience at all stages of large, multipatent competitor cases, Jordan’s specialty is preparing and presenting powerful thematic fact witnesses at trial, including the inventor (on the plaintiff side) or the developer of an accused product (on the defense side). Jordan has significant experience in the courtroom, including the following victories:
- Touchstream v Google (WDTX, 2023): Directed and cross-examined witnesses in one-week jury trial resulting in $339 million verdict for our client Touchstream against Google for patent infringement;
- No Spill v. Scepter (D. Kan., 2023): Directed and cross-examined witnesses in one-week jury trial resulting in verdict of non-infringement for our client Scepter;
- Sprint v. Charter, et al., (D. Del. 2022): Successfully defended damages models against all summary judgment and Daubert challenges, leading to favorable settlements for our client Sprint from multiple major cable companies on patent infringement and trade secret claims;
- Sprint v. Time Warner Cable, et al. (D. Kan. 2017): Cross-examined witness in two-week jury trial resulting in $139 million verdict for our client Sprint against Time Warner Cable for willful patent infringement.
Apart from jury trials, Jordan is a highly experienced litigator who has successfully argued dispositive motions and claim construction issues, and has conducted and defended depositions at every level (including fact and expert depositions), and on a broad range of issues (including infringement, equitable, willfulness, 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).