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Highly recommended - Economic experts
“The team at Insight Economics are excellent communicators and highly responsive; they have the ability to handle complex issues and come up with creative solutions.” Though a relatively young firm, Insight Economics packs a punch, thanks to the deep expertise of its testifiers and their commitment to providing top-notch client care. Head of the practice, DeForest McDuff garners praise for being “a fantastic testifier who is exceedingly skilled and whip smart”, while the business-oriented Mickey Ferri is described as “an intelligent and capable expert who understands the finer points of patent damages analysis. He is easy to work with and produces high-quality formal documentation to present his research results.” Colleagues Ryan Penkowski and Philip Kline also attract rave reviews : “Ryan is one of the best economic analysts and researchers out there. He possesses a deep knowledge of the relevant case law and is very thorough in his damages analysis. Ryan is particularly good at explaining complex economic principles to a lay audience.” “Philip immediately understands our questions and maps out efficient ways to find the answers. He is a rising star who is extremely knowledgeable, hardworking, responsive and totally on top of the details – he is quick to get into the specifics and understands the larger context as well as the finer points.”
DeForest McDuff, PhD, is a Princeton-trained economist, assistant professor of economics and experienced expert witness in economics, business, damages, competition, antitrust and other areas. Dr McDuff’s opinions have been cited and relied upon by clients, courts and government agencies. He co-founded Insight Economics in 2017.
Dr McDuff provides economic consulting and testimony in many areas, including the following:
- 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, copyright and licensing;
- antitrust – monopolisation, price discrimination, tying, price fixing and mergers;
- competition – economic harm, market definition, unfair competition and false advertising;
- legal issues – class action, class certification, irreparable harm and commercial success; and
- other areas – valuation, financial analysis, labour, employment, lost wages and more.
Dr McDuff’s expert witness experience includes more than 100 expert reports, 75 expert depositions and 25 trials and hearings in courts across the country. His consulting experience outside the courtroom includes regulatory analysis, fair market valuation, licensing, negotiation, pricing, business strategy, product launches, strategic analysis and a range of other topics.
Dr McDuff is an assistant teaching professor in the Department of Economics at the University of North Carolina at Chapel Hill. He earned a PhD in economics from Princeton University, where he received a National Science Foundation Graduate Research Fellowship for his academic research in financial economics and applied microeconomics. He has published in peer-reviewed academic journals and widely reviewed industry publications. He graduated summa cum laude with BAs in economics and mathematics from the University of Maryland.
Dr McDuff’s biography can be found at https://www.insighteconomics.com/deforest-mcduff/.
Insight Economics is an established and rising intellectual property expert witness firm, having recently expanded its team to include several top-tier expert witnesses in the IAM Patent 1000. Founded in 2017, Insight Economics is a leader in economic consulting dedicated to the highest quality of analysis, reports, and testimony for courts and companies across the country. Insight’s team includes decades of collective experience providing economic and financial analysis in consulting, licensing, and research. Insight offers expert witness testimony and consulting in several areas, including:
- Economic damages: lost profits, unjust enrichment, reasonable royalty, loss of value, loss of reputation and business impact.
- Intellectual property: patents, trademarks, trade secrets, copyrights and licensing.
- Antitrust: monopolisation, price discrimination, tying, price-fixing and mergers.
- Business disputes and competition: breach of contract, tortious interference, economic harm, market definition, unfair competition and false advertising.
- Labour economics, discrimination, employment, personal injury, harassment: lost earnings, lost wages and lifetime earnings.
- Legal: class action, class certification, fraud, commercial success and irreparable harm.
- Business, growth, and strategy: valuation, financial analysis, negotiation, market analysis, company financing, fundraising, startups, technology adoption and growth.
Insight continues to expand its expert team of Dr DeForest McDuff, Dr Mickey Ferri, Philip M Kline, and Ryan Penkowski, and is attracting more individuals as an ideal firm to provide expert witness services. The wider range of professionals with testifying experience helps Insight’s clients find the best fit across a variety of specialties and industries. Insight’s consultants improve economic clarity and reasoning for the betterment of our courtrooms, boardrooms and broader society.
Insight’s clients benefit from direct and clear synthesis of legal, factual and economic information in providing reports and testimony. Recent feedback from the country’s top law firms, clients and courts include:
- “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
- “Hi Mickey, I wanted you to be the first one to know that I settled my case. I believe your declaration was the sole reason why they [tripled] their offer. Thanks for the great expertise you shared with me!” – Client, Massachusetts
- “First of all, we are impressed by Philip's work.” – Law firm, Germany
- “Ryan – 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
- “Dr McDuff testifies that Patent Owner’s asserted evidence… does not represent a strong case… Again, we credit Dr McDuff’s opinions…” – USPTO PTAB
- “Hey Mickey, I think you did a wonderful job, and we will be working in the future on a number of additional […] cases. We would love to work with you again.” – Law Firm Associate, Chicago
Notable cases from 2022 include:
- Medtronic v Axonics. Analysis and testimony on medical device patent damages, with attorneys from Winston & Strawn.
- Pinkerton, et al v Kretek, et al. Analysis and testimony on trade secret misappropriation damages, with attorneys from Greenberg Traurig.
- SEL v TCL / CSOT. Analysis and testimony on semiconductor patent damages, with attorneys from Fish & Richardson.
- Vanda v Teva and Apotex. Analysis and declaration filed at the Federal Circuit on irreparable harm and bond, with attorneys from Sterne Kessler and Cozen O’Connor.
- Bausch Health v Perrigo. Analysis of commercial success related to patents for treatments for plaque psoriasis, with attorneys from Knobbe Martens.
- Open Sea v Artemis. Analysis of damages due to alleged fraud, trademark infringement, defamation, and tortious interference, with attorneys from Tensegrity.
- State of Arizona, Attorney General v Arizona Board of Regents. Analysis of economic value of intangible assets related to Arizona State University, with attorneys from Perkins Coie and Snell & Wilner.
- 24/7 Customer, Inc v LivePerson, Inc. Analysis of economic damages due to alleged patent infringement, with attorneys from Hopkins Carley.
- Nuheara v Anker. Economic analysis of damages due to alleged trademark infringement, with attorneys from Orrick.
- Recent expert engagements with top-tier law firm clients: Axinn, Blank Rome, Foley & Lardner, Glaser Weil, Holland & Knight, Jones Day, Kirkland & Ellis, Orrick, Schiff Hardin, Sterne Kessler, Wilkie Farr, Wilson Sonsini, Wolf Greenfield and others.