DeForest McDuff, Ph.D.

Managing Director, Durham, NC
Email: DeForest@InsightEconomics.com
Phone: 858-365-0300

DeForest McDuff, Ph.D., is an experienced consultant and expert witness in economics, business, damages, competition, and other areas. He provides economic analysis that is relied upon by clients, courts, and government agencies to support sound economic decisions. Dr. McDuff has been named as a nationally recognized economic expert by IAM and other groups. He founded Insight Economics in 2017.

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

Damages: lost profits, reasonable royalty, business impact, loss of value;
Intellectual property: patents, trademarks, trade secrets, copyrights;
Antitrust: market definition, restraints on competition, competitive impact;
Competition: economic harm, unjust enrichment, unfair competition,
false advertising;
Economic analysis: irreparable harm, balance of hardships, class certification;
Other areas: valuation, financial analysis, labor, employment, and more.

Dr. McDuff’s experience includes more than 175 expert reports, 100 depositions, and 30 trials and evidentiary hearings in courts across the country. His experience outside the courtroom includes regulatory analysis, fair market valuation, licensing, negotiations, product launches, and other topics. He regularly works in pharmaceuticals, medical devices, electronics, hardware, and software industries, among others.

Dr. McDuff is a teaching professor in the Department of Economics at the University of North Carolina at Chapel Hill. He 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. He 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, a company dedicated to teaching academic integrity to college students since 2006. The company offers the Academic Integrity Seminar, an 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. In 2024, Dr. McDuff and co-authors published “Driving Plato’s Chariot: Lessons on Student Ethical Development” based on lessons from the seminar.

What courts say about Dr. McDuff:

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

USPTO PTAB – 2021

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

USPTO PTAB

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

Northern District of California

“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…”

USPTO PTAB

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

Central District of California

“The Court notes that… Dr. McDuff’s credentials are substantial.”

District Court of New Jersey

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

USPTO PTAB

What clients say about Dr. McDuff:

“You’re definitely on the top of our list of experts for cases like these.”

Law Firm Partner, New York

“Just wanted you to know that the Patent Board ruled for us and specifically credited your testimony. Thanks for everything!”

Law Firm Partner, Washington DC

“Thanks for everything. You have an impressive command of the record and you were, simply put, excellent on the stand.”

Law Firm Partner, Washington DC

“I was pleasantly surprised with your citations to case law many of which were spot on, and generally not what one would expect from a pair of economists.”

Law Firm Associate, Boston

“… Thanks for the draft report. I was impressed with the degree to which you dug into the facts, the detailed factual citations, and the clear writing.”

Law Firm Associate, Boston

“I really enjoyed working with you and Ryan. I have you on my list of go-to experts.”

Law Firm Associate, Houston

“Thank you again for your time, patience and efforts this past week preparing for the deposition. We appreciate how well-prepared, responsive and focused you were throughout the process. It went well, as expected.”

Law Firm Partner, Chicago

“It is the quality of your expert reports and your deposition efforts v. their positions that led them to [drop the issue]. Thank you and your team for all your efforts and for winning your part without having to actually take the ball and head to the mound.”

Law Firm Partner, Washington D.C.

“… the Supreme Court turned down Acorda’s cert petition yesterday, finally bringing our victory to a close. Congrats on helping to solidify this law!”

Law Firm Partner, Chicago

“Just a note to say what a pleasure it was to work with [DeForest] and Ryan. Your analysis was spot on and your team’s efficiency made our lives a lot easier when we had dozens of balls in the air.”

Law Firm Partner, Wisconsin

“It was a pleasure working with you. Your skill as an expert and a witness helped us present a strong case, which led to this settlement.”

Law Firm Associate, Chicago

“The parties have reached a settlement and are working out the agreement (your report must have scared them!).”

Law Firm Partner, Silicon Valley

“That was the best explanation of commercial success I’ve ever seen.”

Law Firm Partner, Washington DC

“We’ve gotten such good feedback about you and your team from our colleagues in the last few days that we’d like to save you the trip and set up a call to move forward.”

Law Firm Partner, Washington DC

“I can’t tell you enough how we have appreciated ALL of your help in our matter.”

Client, Los Angeles

“Once again, thank you for your patience, flexibility, and, most importantly, excellent work in putting together the report in this case. As I mentioned, we think it is excellent work.”

Law Firm Partner, Dallas

“It has truly been a pleasure working with you. You know what you’re doing, plus you’re good people who are pleasant to work with. A hat trick!”

Law Firm Partner, Silicon Valley

“We settled on Friday. It was a long day but the client is happy. Thank you both for the help, it was just what we needed!”

Law Firm Associate, Los Angeles

“I just wanted to add I enjoyed working with you. Though the settlement is great for the client, I’ll miss doing trial together.”

Law Firm Partner, San Diego

“Thanks again to you and your team for your excellent work. Looking forward to the next one!”

Law Firm Partner, Silicon Valley

“Thank you for being an amazing resource throughout this case—we look forward to working with you again in the future!”

Law Firm Associate, San Francisco

“It’s always a pleasure working with you and will definitely work together in the future.”

Law Firm Partner, Houston

“I want to thank you both for your amazing work in this matter.”

Law Firm Partner, Silicon Valley

“You guys stepped up for me at a time of need”

Client, Los Angeles

“You guys are the best, thanks!”

Law Firm Associate, Chicago

“Thanks for your work on the case. Your analysis and report are really good.”

Law Firm Partner, New York

“Thank you for all of your help. You did a great job before and during the trial. We’ll be talking.”

Law Firm Partner, Boston

“This is an excellent report. Thank you for the great work…We are in a strong position here! ”

Law Firm, Utah

“We really appreciated all your help and insights. We will definitely contact you next time.”

Law Firm Partner, Los Angeles

“Thank you for your amazing work on the Report! It looks great, and client is very happy. Thank you again—so appreciate your diligence and attention to detail!”

Law Firm Of Counsel, California

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.”

“Professor McDuff was always energetic and passionate about course material. His enthusiasm made the class a lot more fun and made it easy to digest and ponder big life questions.”

“I love the class! And professor McDuff is definitely one of the best professors I have ever met at UNC. He not only offers very engaging and informative classes but also gives insightful life advice to students in office hour. He responds very fast and cares about the students…Absolutely a 10/10 class!”

“Dr. McDuff was very accommodating and nice. His lectures were some of the best I’ve had so far in my educational career and he made me interested both in economics and understanding my life through an economic professor in a way that I haven’t before…This was my favorite class I’ve taken so far at UNC!”

“Professor McDuff made learning possible by posing questions or scenarios that made you think critically. Allowed the students to develop their own opinions on all matters.”

“Even with a (very) busy schedule, McDuff was very persistent with our class schedule. Classes were always insightful and engaging, each assignment was particular and designed to make you think deeper about each topic or apply it to your own life, and he was also relatively quick to respond with any questions.”

“Professor McDuff always taught class with clarity and respect, and he frequently offered opportunities to meet during office hours and after lectures to discuss additional questions. He has consistently made himself available to me and peers to improve our understanding of the course material.”

Dr. McDuff Named as Nationally Recognized Expert 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 states: “Head of practice, DeForest McDuff, garners praise for being a “fantastic testifier who is exceedingly skilled and whip smart…He really digs in to present credible cogent analysis that moves the needle…The team at Insight Economics are excellent communicators and highly responsive; they have the ability to handle complex issues and come up with creative solutions.”

Read more on Dr. McDuff’s Bio at the IAM Patent 1000