DeForest McDuff, Ph.D.

Partner

Phone: 919-446-5755


DeForest McDuff, Ph.D. is a Princeton-trained economist, adjunct professor of economics, and experienced expert witness, with extensive experience in consulting, finance, and business.  Dr. McDuff’s expert opinions have been cited and relied upon by clients, courts, and government agencies.   Dr. McDuff was named in the IAM Patent 1000 as a top expert witness for patent cases in 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 90 expert reports, 60 expert depositions, and 20 trials and hearings in courts across the country. His consulting experience outside the courtroom includes regulatory analysis, fair market value, licensing, negotiation, pricing, business strategy, product launches, strategic analysis, and a range of other topics.

Dr. McDuff earned a Ph.D. in Economics from Princeton University, where he received a National Science Foundation Graduate Research Fellowship (awarded to 25 graduate students in economics nationwide each year) for his academic research in financial economics and applied microeconomics. He has published in peer-reviewed academic journals and widely reviewed industry publications. Dr. McDuff graduated summa cum laude with a B.A. in economics and a B.S. mathematics from the University of Maryland.

Dr. McDuff is currently appointed as an Adjunct Teaching Professor in the Department of Economics at the University of North Carolina at Chapel Hill. 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 >100 colleges and universities nationwide to promote the importance of social trust and mutual obligation in personal, academic, and economic 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:

Litigation

   ◦ 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

Antitrust

   ◦ Market definition

   ◦ Mergers

   ◦ Monopolization

     ◦ Robinson-Patman

     ◦ Price discrimination

     ◦ Price fixing

     ◦ Tying

Competition

     ◦ 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.”

USPTO PTAB – 2021

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

USPTO PTAB

“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.”

USPTO PTAB

“…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…”

USPTO PTAB

“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

“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… ”

USPTO PTAB

“[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