DeForest McDuff

DeForest McDuff, Ph.D.
Partner and Co-Founder of Insight Economics


DeForest McDuff, Ph.D. is an expert in applied business economics with extensive experience in consulting, finance, and economic research.  Dr. McDuff provides economic expertise in a variety of areas in litigation and business consulting, including economic damages, lost profits, reasonable royalty, intellectual property (including patents, trade secrets, trademarks, and other IP rights), commercial success, licensing, negotiation, antitrust, competition, financial analysis, and valuation.

Dr. McDuff’s business consulting experience ranges from start-ups to Fortune 500 companies to professional sports teams, and includes licensing, valuation, negotiation, pricing, business design, product launches, strategic decision-making, government regulation, and a range of other topics.  His expert witness experience includes expert analysis and/or testimony on more than 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 across the United States.

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 undergraduate degrees in economics and mathematics from the University of Maryland.

Here are some examples of Dr. McDuff’s expert analysis:

  • 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.

His project experience includes 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
    • ...