Impact

“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

“Thanks for your work. We got a great resolution!”

In-house counsel, North Carolina

“… 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

“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

“… 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

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

Law Firm Partner, Washington DC

“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 Texas

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

Law Firm Partner, New York

“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

“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

“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

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

Law Firm Partner, New York

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

Law Firm Partner, Houston

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

Client, Los Angeles

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

Law Firm Partner, Silicon Valley

“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

“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

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

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

“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

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

Law Firm Partner, Silicon Valley

“You guys are the best, thanks!”

Law Firm Associate, Chicago

“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

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

Client, Los Angeles

“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.

“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