Philip W Kline

Managing Director at Insight Economics
Ranked in United States: Expert witnesses
IAM Research

The Patent 1000 focuses exclusively on patent practice and has firmly established itself as the definitive 'go-to' resource for those seeking world-class legal patent expertise.

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“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.”

Philip W Kline's Profile

Philip W Kline is a managing director at Insight Economics, where his practice focuses on IP valuation, litigation consulting, IP strategy and transactional services.

Mr Kline has extensive experience in IP valuation and monetisation, including assisting clients in negotiating IP licences. He has represented a broad range of clients, including charitable foundations, small companies and multinational corporations. Mr Kline has valued intellectual property in a variety of contexts, including damages quantification, bankruptcy, tax planning and tax disputes.

Mr Kline has assisted in the quantification of damages resulting from numerous causes of action, including patent infringement, copyright infringement, trademark infringement, theft of trade secret, unfair competition, unjust enrichment, breach of contract and false advertising.

Mr Kline’s experience also spans a variety of industries. He has worked extensively in the wireless telecommunications space, assisting both licensors and licensees in assessing whether proposed royalty rates for standard-essential patents are fair, reasonable and non-discriminatory. He has also worked on engagements pertaining to medical devices, consumer electronics, industrial networking and transportation, among other fields.

Mr Kline has held a variety of leadership positions in industry organisations. He was the American Bar Association (ABA), Intellectual Property Law (IPL) Section’s liaison to the Licensing Executive Society’s (LES) Intellectual Property Valuation and Standards Committee. He is a past chair of both the ABA, IPL Section’s Monetisation and Valuation of IP Committee and the ABA, IPL Section’s Economics of the Profession Committee. Mr Kline is a past member of the Certified Licensing Professional (CLP) Standards, Admissions and Recertification Committee and the CLP Exam Development Committee.

Mr Kline is a certified public accountant licensed in the state of Illinois and a CLP – a designation started by LES.

Firm Profile

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.

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