Exhibit 

1 

Case 3:22-cv-01715-X Document 25-1 Filed 03/20/23 Page 1 of 13 PageID 241
RICHARD F. BERO, CPA, CVA

N27 W23960 Paul Road, Suite 202, Pewaukee, WI 53072

Phone – (262) 522-7922 Fax – (262) 436-2444

rbero@berogroup.com

PROFESSIONAL EXPERIENCE:

The BERO Group / Corporate Financial Advisors, LLC

Managing Director

Waukesha, Wisconsin December 1995-Present

Mr. Bero founded Corporate Financial Advisors in 1995 and served as Managing Director. The 

BERO Group evolved from Corporate Financial Advisors and Mr. Bero serves as Managing 

Director. Mr. Bero provides financial and accounting consulting services and expert testimony 

pertaining to valuation issues and financial damages issues.

Coopers & Lybrand

Manager – Litigation & Claims Services

Milwaukee, Wisconsin 1994-1995

Mr. Bero was the Manager and Practice Leader of the Coopers & Lybrand Milwaukee Litigation 

& Claims Services practice. 

Peterson Consulting Limited Partnership

Executive Consultant

Milwaukee, Wisconsin 1989-1994

Chicago, Illinois 1987-1989

Mr. Bero provided litigation and business dispute support services to trial attorneys and 

corporate counsel.

EDUCATION:

University of Wisconsin–Madison 1986

Bachelor of Business Administration

Accounting and Finance

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ACTIVITIES/OTHER:

Intellectual Property Valuation Instructor – National Association of Certified Valuation Analysts

Licensing Executives Society – Co-Chair Wisconsin Chapter – 2006-2008

Intellectual Property Owners Association – Damages Committee Member – 2004-present

National Association of Certified Valuation Analysts, CVA

Wisconsin Institute of Certified Public Accountants:

Board of Directors – 2000-2002 

Chairman CPA’s In Industry – Committee 1997-1999

Outstanding Committee Chairperson Award – 1997-1998 

American Institute of Certified Public Accountants

Becker CPA Review – Instructor 1995-1998

EXPERT WITNESS TESTIMONY – LAST FOUR YEARS:

Surgical Instrument Service Company, Inc. v. Intuitive Surgical, Inc.

United States District Court – Northern District of California

Case No. 3:21-cv-03496-VC

March 2023 (Deposition Testimony)

MCP IP, LLC v. .30-06 Outdoors, LLC; and Daibow, Inc.

United States District Court – Southern District of Ohio

Case No. 2:21-cv-00581-ALM-CMV (filed 2/9/21)

February 2023 (Hearing Testimony)

Crystal Lagoons U.S. Corp. and Crystal Lagoons Technology Inc. v. Cloward H2O LLC and Pacific 

Aquascape International, Inc.

United States District Court – District of Utah

Case No. 2:19-cv-00796-BSJ (filed 10/21/19)

December 2022 (Deposition Testimony)

Hangzhou Chic Intelligent Technology Co., Ltd., and

Unicorn Global, Inc. v. The Partnership and Unincorporated 

Associations Identified on Schedule "A"

United States District Court – Northern District of Illinois

Case No. 1:20-cv-04806 (filed 8/17/20)

December 2022 (Hearing Testimony)

February 2022 (Deposition Testimony)

Condair Group AG v. Dri-Steem Corporation

United States District Court – U.S. District of Minnesota 

Case No. 0:21-cv-00863 (filed 3/29/21)

September 2022 (Deposition Testimony)

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Don Lee Farms, a division of Goodman Food Products, Inc., v. Beyond Meat Inc., et al.

State of California – Los Angeles County 

Case No. BC662838 (filed 5/25/17)

April 2022 (Deposition Testimony)

G.W. Lisk Company, Inc. v. Power Packer North America, Inc. d/b/a GITS Manufacturing Company

United States District Court – Southern District of Iowa

Case No. 4:17-cv-00273 (filed 7/21/17)

April 2022 (Deposition Testimony)

Sartin et al. v. Chula Vista Inc. et al.

United States District Court – Eastern District of Wisconsin

Case No. 2:18-cv-01890-WED (filed 11/30/18)

October 2021 (Deposition Testimony)

Cyntec Company, Ltd. v. Chilisin Electronics Corp. and Chilisin America Ltd.

United States District Court – Northern District of California

Case No. 4:18-cv-00939-PJH (filed 2/14/18)

August 2021 (Trial Testimony)

June 2020 (Deposition Testimony)

Wudi Industrial (Shanghai) Co., Ltd. v. Wai L. Wong

United States District Court – Eastern District of Virginia

Case No. 1:20-cv-00908-CMH-MSN (filed 8/7/20)

April 2021 (Deposition Testimony)

Vermeer Corporation v. The Toro Company

United States District Court – Southern District of Iowa

Case Nos. 4:17-cv-0076, 4:19-cv-00050 (filed 2/28/17; 2/12/19)

October 2020 (Deposition Testimony)

AOS Holding Company and A.O. Smith Corporation v. Bradford White Corporation

United States District Court – District of Delaware

Case No. 1:18-cv-00412-LPS (filed 3/16/18)

August 2020 (Trial Testimony)

November 2019 (Deposition Testimony)

RAM Group, Inc. v. H5G, LLC

State of Wisconsin – Milwaukee County

Case No. 2018CV010102 (filed 12/10/18)

June 2020 (Deposition Testimony)

Dimensions Events LLC v. Danziger USA

Chicago Rabbinical Council (DT #17-09)

May 2019 (Arbitration Hearing Testimony)

May 2019 (Deposition Testimony)

Smart Solar, Inc. d/b/a Smart Living Home & Garden v. Sky Billiards, Inc. d/b/a Best Choice Products

United States District Court – Northern District of Illinois

Case No.: 1:17-cv-04211 (filed 6/2/17)

April 2019 (Deposition Testimony)

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PUBLICATIONS:

The Comprehensive Guide to Economic Damages, “Patent Infringement Damages: Lost Profits and 

Royalties”, “Design Patent Damages” and “Trade Secret Damages” (Chapters 28, 29 and 30, 2020 6th 

ed., Business Valuation Resources, LLC) 

Bero, Richard. The Litigator’s Damages Blueprint: The Pragmatic Solution. Wisconsin: 422 Doty, 

LLC, 2019

The Comprehensive Guide to Economic Damages, “Patent Infringement Damages: Lost Profits and 

Royalties” and “Trade Secret Damages” (Chapters 26 and 27, 2018 5

th ed., BVR Publications)

The Comprehensive Guide to Economic Damages, “Patent Infringement Damages: Lost Profits and 

Royalties” (Chapter 26, 2016 4th ed., BVR Publications)

The Comprehensive Guide to Lost Profits and Other Commercial Damages, “Patent Infringement 

Damages: Lost Profits and Royalties” (Chapter 25, 2014 3

rd ed., BVR Publications)

April 2011 – CCH Business Valuation Alert, “The Uniloc Case: 25 Percent Rule of Thumb Rejected”

The Comprehensive Guide to Lost Profits, “Lost Profits Damages in Patent Infringement Lawsuits” 

(Chapter 19, 2011 ed., BVR Publications)

August 2009 – IP Law360 – “Demand for the Patented Product – Lower Bar?”

The Comprehensive Guide to Lost Profits, “Lost Profits Damages in Patent Infringement Lawsuits” 

(Chapter 12, 2009 ed., BVR Publications)

October 2008 – AIPLA White Paper – “Constructing Royalty Rates”

February 2008 – IP Law360 – “IP Litigation in China and the U.S.”

Global Intellectual Property Asset Management Report, “Intellectual Property Metrics Today: It 

Can Be Done” (June 2005 and July 2005)

Proving and Pricing Construction Claims, “Claims for Lost Profit” (Chapter 14, 2nd ed., 1996, 

Wiley Law Publications)

PRESENTATIONS:

December 2022 Business Valuation Resources, LLC

Commercial Success – Using Economic Analysis to Show Patentability

Co-Presenter: Shane Brunner, Michael Best & Friedrich LLP

November 2021 Business Valuation Resources, LLC

BVR's Special Series on New Economic Damages Guide

Patent Royalty Damages – What’s the Approach?

Co-Presenter: John L. Abramic, Steptoe & Johnson LLP

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May 2021 Business Valuation Resources, LLC

National Economic Damages Virtual Conference 2021 (Day 1)

Patent Infringement Damages

Co-Presenter: Autumn N. Nero, Perkins Coie LLP

November 2020 American Intellectual Property Law Association

Damages Subcommittee – Speaker Series Webinar Part II

The Pragmatic Solution©

May 2020 American Intellectual Property Law Association

Damages Subcommittee – Speaker Series Webinar Part I

The Pragmatic Solution©

February 2020 Marquette Law School

Guest Instructor – IP Litigation Class

Milwaukee, Wisconsin

May 2019 Milwaukee Bar Association

The Pragmatic Solution©

Co-Presenter: Shane Brunner, Milwaukee Best & Friedrich LLP

Milwaukee, Wisconsin

July 2018 Intellectual Property Owners Association – IP Chat Channel Webinar

What’s Next for Design Patent Damages? The DOJ Test on Trial

Co-Presenters: James Dottavio, Ford Motor Company and Elizabeth Ferrill, 

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

September 2016 Wisconsin Intellectual Property Law Association

Patent and IP Damages Update

Milwaukee, Wisconsin

December 2015 WestLegalEdcenter Webinar

Recent Patent Royalty Damages Decisions – Update & Discussion

October 2015 WestLegalEdcenter Webinar

Recent Patent Royalty Damages Decisions – Update & Discussion

October 2015 Milwaukee Bar Association

VirnetX and Ericsson – The Latest on Apportionment and Comparable Licenses

Milwaukee, Wisconsin

July 2015 Hot Topics in Patent Royalty Damages Webinar

Business Valuation Resources’ 2015 Special Series on Intellectual Property

April 2014 Michigan Intellectual Property Law Association

Hot Topics in Patent Damages

Troy, Michigan

May 2013 Hot Topics in Patent Royalty Damages

Business Valuation Resources Online Symposium on Economic Damages: 

Part 3

Chicago, Illinois

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September 2011 WestLegalEdcenter Webinar

Recent Patent Damages Decisions – What is the Effect

August 2011 WestLegalEdcenter Webinar

Constructing Royalty Rate Damages

January 2011 The Evolution of the Entire Market Value Rule

Business Valuation Resources Webinar Series on Advanced Topics

in Lost Profits Damages

Chicago, Illinois

September 2010 Patent Damages: Managing the Risks and Contingent Costs

Business Valuation Resources / Morningstar Summit on Best Practices 

in Valuing Intellectual Property

Chicago, Illinois

March 2010 Tianjin Bar Association

Damage Analysis Techniques and Considerations in U.S. Patent Litigations

Tianjin, China

March 2010 Beijing Lawyers Association

Damage Analysis Techniques and Considerations in U.S. Patent Litigations

Beijing, China

December 2009 Milwaukee Bar Association

Constructing Royalty Rate Damages

Milwaukee, Wisconsin

October 2009 Michigan Intellectual Property Law Association

Constructing Royalty Rate Damages

Detroit, Michigan

June 2009 Licensing Executive Society – Chicago Chapter

Constructing Royalty Rates

Chicago, Illinois

March 2009 Milwaukee Bar Association

Patent Infringement Damages – Working Effectively With Your 

Damages Expert

Milwaukee, Wisconsin

January 2009 Wisconsin Intellectual Property Law Association

Constructing Royalty Rates

Milwaukee, Wisconsin

November 2008 Licensing Executive Society – Minnesota Chapter

Constructing Royalty Rates

Minneapolis, Minnesota

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October 2008 American Intellectual Property Law Association – Annual Meeting

Constructing Royalty Rates

Washington, D.C.

October 2008 Minnesota Intellectual Property Law Association

Constructing Royalty Rates

Minneapolis, Minnesota

June 2008 Presentation to Judges and IP attorneys in China

The Development of Patent Damages

Shenzhen, China

May 2008 Licensing Executive Society International – Spring Conference

Avoiding Intellectual Property Hurdles in the U.S. - The View from China

Roundtable Moderator

Chicago, Illinois

March 2008 Marquette Law School

Royalty Damages in Patent Litigation

Guest Instructor – IP Litigation Class

Milwaukee, Wisconsin

October 2007 Guarding the Treasure: IP Valuation & Remedies Panelist

Sponsored by Foley & Lardner 

New York, New York

October 2007 Shanghai Bar Association

Patent Litigation & Valuation – Real World Examples in the U.S.

Shanghai, China

October 2007 Shenzhen Society of Certified Public Appraisers

Intellectual Property, Valuation and Damages Analysis – Real World

Examples in the U.S.

Shenzhen, China

May 2007 Shanghai Intellectual Property Service Center

Intellectual Property in the U.S.: Opportunities, Valuation & Litigation

Shanghai, China

May 2007 Shenzhen Bar Association

Managing and Understanding the Value of IP – Real World Examples 

in the U.S.

Shenzhen, China

October 2006 China Hi-Tech Fair 2006

Protection of Chinese Intellectual Property in the U.S. Patent Damages & Ways 

to Avoid Infringement

Shenzhen, China

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August 2006 Nanshan Sub-Bureau of Intellectual Property Administration

 Intellectual Property Value Issues in the United States an Overview 

for Chinese Businesses

Shenzhen, China

March 2006 Milwaukee Bar Association

Hindsight is 20/20: Developing & Presenting Damages in Intellectual Property 

Litigation and Complex Litigation

Milwaukee, Wisconsin

December 2005 Wisconsin Intellectual Property Law Association

Intellectual Property Damages Update & Discussion

Pewaukee, Wisconsin

October 2005 Licensing Executives Society – Annual Meeting

Facilitator: Advanced Practices Working Session III: To Sue or Not? 

How to Decide

Phoenix, Arizona

September 2005 Digital Fabrication 2005 Seminar

Panel Discussion: Intellectual Property

Baltimore, Maryland

September 2005 Intellectual Property Owner’s Annual Meeting 

Patent Infringement Damages Update and Discussion

Seattle, Washington

April 2005 Licensing Executives Society – Wisconsin Chapter

What’s Reasonable: Royalty Damages in Patent Litigation

Fond Du Lac, Wisconsin

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Exhibit 

2 

Case 3:22-cv-01715-X Document 25-1 Filed 03/20/23 Page 10 of 13 PageID 250
1

https://www.haynesboone.com/people/anigian- r ichard

© 2022 Haynes and Boone, LLP

Richard D. Anigian

Partner

rick.anigian@haynesboone.com

Dallas

+1 214.651.5633

PRACTICES Litigation, Private Clients and Estate Planning, International, Intellectual Property

Litigation, Restructuring, U.S. Inbound Investment, Real Estate Litigation, Trade Secret Litigation,

Products Liability Litigation, Procurement and Supply Chain Management, FinTech Virtual Currency and

Blockchain, Sports Law, Media, Entertainment and Sports

Rick Anigian is a trial lawyer and served as Department Chair of the firm’s Litigation Practice Group from

2015 through 2019. Rick has become a trusted business advisor by providing practical and efficient

counseling and advice to implement clients’ business strategies while solving their complex business

disputes. Rick has led teams in significant matters before federal, state and bankruptcy trial and

appellate courts in Texas and throughout the country.

Rick concentrates his practice on a wide variety of complex commercial disputes in federal and state

courts, as well as arbitral proceedings. Rick has extensive experience in commercial and financial

transactions litigation, real estate and oil and gas disputes, has handled complex disputes among

partners and business owners, as well as a wide range of business torts litigation. Rick also has

significant experience in the area of technology litigation, including theft of trade secrets and noncompetition disputes. Rick has passed all sections of the examination to become a Certified Public

Accountant and routinely relies upon these skills in the matters he handles.

Rick is very active in the community in a wide range of activities including public education, the

assistance of at risk children and their families, and youth sports.

QUALIFICATIONS

EDUCATION

J.D., Southern Methodist University Dedman School of Law, 1985

B.B.A., Southern Methodist University, 1982

ADMISSIONS

Texas

COURT ADMISSIONS

U.S. Court of Appeals for the Federal Circuit

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https://www.haynesboone.com/people/anigian- r ichard

© 2022 Haynes and Boone, LLP

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Texas

U.S. Tax Court

PROFESSIONAL AFFILIATIONS AND ENGAGEMENTS

College of the State Bar of Texas

American Bar Association

Dallas Bar Association

SMU Alumni Association

SMU Lettermen's Association

Salesmanship Club of Dallas

SELECTED CLIENT REPRESENTATIONS

Defended major lender in multi-billion dollar lender liability and business torts action involving

multiple billion dollar syndicated credit facilities.

Defended start-up company and its founder involving claims of theft of trade secrets and violation

of non-competition agreements.

Defended various patent and trademark infringement cases involving treadmills and other exercise

equipment.

Defended and prosecuted breach of contract and breach of warranty claims involving software

licenses and consulting services.

Defended breach of warranty and deceptive trade practices class action dispute involving notebook

computers.

Represented an Asian computer manufacturer in multiple disputes involving product warranties,

business torts and deceptive trade practice claims.

Defended national real estate developer in dispute with partner involving the development of a

regional shopping mall.

Handled multi-jurisdictional disputes involving claims of breach of warranty, deceptive trade

practices and other business torts.

Defended partnership and its founding partners in dispute with minority partner involving fiduciary

duty and fraud claims.

Represented U.S. manufacturer in dispute with Australian dealer regarding termination of

dealership.

Prosecuted and defended numerous financial institutions in claims involving loans and other credit

facilities.

AWARDS AND RECOGNITION

Recognized in The Best Lawyers in America, Woodward/White, Inc., for Commercial Litigation,

2012-2023

Case 3:22-cv-01715-X Document 25-1 Filed 03/20/23 Page 12 of 13 PageID 252
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https://www.haynesboone.com/people/anigian- r ichard

© 2022 Haynes and Boone, LLP

Recognized in Texas Super Lawyers, Thomson Reuters, for Business Litigation, 2005, 2007-2013,

2016; Intellectual Property Litigation, 2013, 2016

Martindale Hubbell Law Directory with a Peer Review Rating of AV Preeminent

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