DeForest McDuff

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


Dr. McDuff is an expert in applied business economics with more than ten years of experience in consulting, finance, and economic research.  He provides economic expertise in a variety of areas in litigation and business consulting, including economic damages, lost profits, reasonable royalty, intellectual property, commercial success, licensing, negotiation, antitrust, competition, financial analysis, and valuation.

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 studying financial economics and applied microeconomics.  He has published research in several peer-reviewed academic journals.  Dr. McDuff graduated summa cum laude with undergraduate degrees in economics and mathematics from the University of Maryland.

Dr. McDuff’s business consulting experience includes strategic negotiations, licensing, valuation, pricing, business design, product launches, and a range of other topics.  His expert witness experience includes expert analysis and/or testimony on more than 50 expert reports and declarations, 40 depositions, and 10 trials in a diverse range of courts across the country.  His expert opinions have been cited by federal courts (district and circuits courts) and government agencies.  His industry experience includes pharmaceuticals, electronics, semiconductors, telecommunications, handheld devices, software, hardware, computers, chemical, and a wide range of other areas.

Dr. McDuff has provided expert analysis and testimony in a number of cases, for example:

  • 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
  • Antitrust
    • Monopolization
    • Robinson-Patman
    • Price discrimination
    • Price fixing
    • Tying
  • Competition
    • Unfair competition
    • False advertising
    • Market definition
    • Competition analysis
    • Actual harm
    • Unjust enrichment
  • And much, 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