DeForest McDuff, Ph.D.


Phone: 919-446-5755

Raleigh-Durham, NC

DeForest McDuff, Ph.D. is a Princeton-trained economist, assistant professor of economics, and experienced expert witness in economics, business, damages, competition, antitrust, and other areas. Dr. McDuff’s opinions have been cited and relied upon by clients, courts, and government agencies. Dr. McDuff has been named as a top expert witness in the IAM Patent 1000 since 2020. Dr. McDuff co-founded Insight Economics in 2017.

Dr. McDuff provides economic consulting and testimony in many areas, including:

Economic damages: lost profits, unjust enrichment, reasonable royalty, loss of value, loss of reputation, business impact, and other issues

Intellectual property: patents, trademarks, trade secrets, copyrights, licensing

Antitrust: monopolization, price discrimination, tying, price fixing, mergers

Competition: economic harm, market definition, unfair competition, false advertising

Legal issues: class action, class certification, irreparable harm, commercial success

Other areas: valuation, financial analysis, labor, employment, lost wages, and more

Dr. McDuff’s expert witness experience includes more than 125 expert reports, 75 expert depositions, and 25 trials and hearings in courts across the country. His consulting experience outside the courtroom includes regulatory analysis, fair market valuation, licensing, negotiation, pricing, business strategy, product launches, strategic analysis, and a range of other topics.

Dr. McDuff is appointed and serves as an Assistant Teaching Professor in the Department of Economics at the University of North Carolina at Chapel Hill. Dr. McDuff earned a Ph.D. in Economics from Princeton University, where he received a National Science Foundation Graduate Research Fellowship for his academic research in financial economics and applied microeconomics (awarded to 25 graduate students in economics nationwide each year). Dr. McDuff has published in peer-reviewed academic journals and widely reviewed industry publications. Dr. McDuff graduated summa cum laude with bachelor’s degrees in economics and mathematics from the University of Maryland.

Dr. McDuff is also the co-founder of Integrity Seminars, an online company dedicated to teaching academic integrity to college students since 2006. The company offers the Academic Integrity Seminar, which is a personalized online educational intervention administered to more than 100 colleges and universities nationwide to promote the importance of social trust and mutual obligation in academic, economic, and personal relationships.


Dr. McDuff’s recent expert analysis and testimony include the following:

• Economic damages resulting from business impact, lost sales, unfair competition, and other conduct;

• Patent damages involving lost profits and reasonable royalties in a wide variety of industries;

• Class certification and damages in antitrust, false advertising, product liability, and other areas;

• Commercial success analysis in ANDA litigations and IPR hearings at the US Patent and Trademark Office;

• Blocking patent analysis for commercial success and other secondary considerations (i.e., analysis per Acorda);

• Antitrust harm and damages, including monopolization, Robinson-Patman, price fixing, and other conduct;

• Irreparable harm analysis related to potential product injunctions;

• Economic harm and prejudice analysis related to laches defenses and other areas;

• Trademark valuation and damages involving lost profits, unjust enrichment, and reasonable royalties;

• Trade secret misappropriation involving lost profits, unjust enrichment, and reasonable royalties;

• Damages for at-risk generic drug launches with hundreds of millions of dollars at issue;

• Regulatory compliance and analysis of fair market valuation (e.g., RESPA, business strategy);

• Economic analysis of licensing, negotiation, and strategic business decisions;

• Valuation methodologies for intellectual property and other assets.


Dr. McDuff’s project experience includes the following:


   ◦ Economic damages

   ◦ Class certification

   ◦ Preliminary injunctions

   ◦ Irreparable harm

   ◦ Balance of hardships

   ◦ Benefit to society

   ◦ Economic harm for laches

   ◦ Domestic industry in ITC litigation

Intellectual property

   ◦ Patent damages

   ◦ Lost profits

   ◦ Reasonable royalty

   ◦ Trade secret misappropriation

   ◦ Trademark infringement

   ◦ Commercial success

   ◦ Blocking patents

   ◦ Long-felt need

   ◦ Copying

   ◦ Other secondary considerations


   ◦ Market definition

   ◦ Mergers

   ◦ Monopolization

     ◦ Robinson-Patman

     ◦ Price discrimination

     ◦ Price fixing

     ◦ Tying


     ◦ Unfair competition

     ◦ False advertising

     ◦ Market definition

     ◦ Competition analysis

     ◦ Actual harm

     ◦ Unjust enrichment

And much more

     ◦ Valuation

     ◦ Financial analysis

     ◦ Business impact analysis

     ◦ Licensing analysis

     ◦ Royalty analysis

     ◦ Labor and employment

     ◦ Breach of contract

     ◦ Strategic negotiation

     ◦ Product launches

     ◦ Market projections

     ◦ Pricing evaluation

     ◦ and more…

Dr. McDuff named as Top National Expert Witness by IAM

The IAM Patent 1000 identifies top expert witnesses for patent analysis nationwide, stating: “Economic analysis often plays a crucial role in IP litigation, whether relating to the question of reasonable efforts in licensing disputes, commercial success in disagreements over patentability or most importantly, the quantum of damages to be paid for lost profits and as a reasonable royalty in infringement suits. Given the importance of patents as business assets and the significant sums at stake in compensation battles, choosing the right expert witness is imperative.”

IAM named Dr. McDuff as a top expert witness in 2020, stating that he “stays current on the law and has often helped to positively develop it by playing frontline roles in crucial cases…” and “really digs in to present credible, cogent analyses that move the needle.”

Insight Economics congratulates all experts named to the IAM Patent 1000.  

What courts say about Dr. McDuff:

“The Board found that [Party’s] commercial success evidence was ultimately “weak”… We reject [Party’s] challenge to the Board’s reasoning…”

Federal Circuit

“Having considered the arguments and evidence…, we agree with Petitioner that Patent Owner has not met its burden of…[showing] commercial success.”


“We credit Dr. McDuff’s testimony and find… that Patent Owner’s insulin glargine patents may have precluded others from entering the market…”


“At the outset, … [Party] does not challenge Dr. McDuff’s qualifications, which the Court finds are substantial.”

Central District of California

“In addition, the Court found Dr. McDuff’s testimony persuasive with respect to the “lack of nexus”…”

District of New Jersey

“Accordingly, we determine that Petitioner presents sufficient evidence to rebut the presumption of nexus between the commercial success… and the claimed method.”


“…Dr. McDuff’s conclusions stem from his expertise in economic markets.”

Northern District of California

“…we do not agree that the [claimed benefits]… are attributable to the claimed method… we credit Dr. McDuff’s opinions, which stand unrebutted…”


“The defendants offered unrebutted testimony from an expert in economics and pharmaceuticals…”

Federal Circuit

“We are persuaded, rather, by Petitioner’s arguments that the blocking patent would have deterred others…”


“The Court notes… that [defendant] has made a substantial showing that the nexus between the commercial success and the [patent] is tenuous as best…”

District Court of New Jersey

“Dr. McDuff testifies that Patent Owner’s asserted evidence… does not represent a strong case… Again, we credit Dr. McDuff’s opinions… ”


“[Party] has demonstrated irreparable injury… Loss of goodwill and market share destroys [Party’s] relationships with its end-use customers that have been developed over decades…”

US Court of International Trade

Dr. McDuff in the classroom:

“Your infectious energy and enthusiasm for the topic paired with how much you care about your students make you an outstanding professor and mentor. As I graduate from college and begin my life in the real world, I hope to emulate a lot of the values that you have displayed”

“Education must be your ‘calling'” because I can honestly say I have never had a class like this before. Everything flowed together so seamlessly, and the content was just so interesting and interactive. You are the best Professor I have ever had.”

“Your passion and enthusiasm for teaching the course definitely motivated me to give my absolute best effort on each of the term papers and in all of the forums.”

“This has been my favorite economics course at UNC, and one I will be sure to remember for a long time.”

“I can confidently say that this is my most favorite class I have taken in college, economics or otherwise.”

“I can honestly say that I enjoyed your class as much as any other that I’ve had at Carolina. It made me think deeply about every topic and reflect on my own life every single week.”

“This class was both eye-opening and incredibly motivating. You challenged my economic thought processes in broadly encompassing manors [sic] that I have never encountered.”

“Professor Mcduff was BEYOND passionate about the material which got the class excited to engage, debate, and learn. I came to class knowing that I was going to learn something interesting.”