DeForest McDuff, Ph.D.

Partner

Phone: 919-446-5755


DeForest McDuff, Ph.D. is an expert in applied business economics with extensive experience in consulting, finance, research, and business. Dr. McDuff provides economic expertise as a consultant and expert witness in many areas, including economic damages (lost profits, unjust enrichment, reasonable royalties, loss of value, loss of reputation, and others), intellectual property (including patents, trademarks, trade secrets, copyright), antitrust (monopolization, price discrimination, tying, price fixing), competition (economic harm, market definition, unfair competition, false advertising), valuation, financial analysis, irreparable harm, and commercial success.

Dr. McDuff’s consulting experience includes fair market value analysis, regulatory analysis, licensing, negotiation, pricing, business strategy, product launches, strategic analysis, and a range of other topics. His expert witness experience includes analysis and/or testimony as an expert economist in >75 expert reports and declarations, >50 depositions, and >15 trials in a diverse range of courts across the country. His expert opinions have been relied upon and cited by clients, courts, and government agencies.



Dr. McDuff earned his Ph.D. in Economics from Princeton University. At Princeton, Dr. McDuff 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 research in several peer-reviewed academic journals and in 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 lives in Chapel Hill, North Carolina with his wife and four children. Outside of work, he enjoys distance running, playing the piano, and reading about social science and business.

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 include the following:

Litigation

     ◦ Economic damages

     ◦ Class certification

     ◦ Preliminary injunctions

     ◦ Irreparable harm

     ◦ Balance of hardships

     ◦ Benefit to society

     ◦ Economic harm for laches

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…


What courts say about Dr. McDuff:

Below are excerpts from judicial opinions referencing Dr. McDuff’s testimony.

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

Federal Circuit

“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

“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