International Intellectual Property – California, USA – DeForest McDuff, Ph.D.

Insight Economics is a leading intellectual property and economic consulting firm that provides expert economic analysis in both legal and business settings. Insight’s team includes decades of collective experience providing economic and financial analysis in consulting, licensing and research and offers expert witness testimony and consulting in several areas, including:

• Intellectual property: patents, trademarks, trade secrets, copyrights, licensing;
• Damages: lost profits, unjust enrichment, reasonable royalty, loss of value, loss of reputation, business impact;
• Antitrust: monopolisation, price discrimination, tying, price fixing, mergers;
• Business disputes and competition: breach of contract, tortious interference, economic harm, market definition, unfair competition, false advertising;
• Labor economics, discrimination, employment, personal injury, harassment: lost earnings, lost wages, lifetime earnings;
• Legal: class action, class certification, fraud, commercial success, irreparable harm;
• Business, growth and strategy: valuation, financial analysis, negotiation, market analysis, company financing, fundraising, startups, technology adoption and growth.

Our clients depend on us to provide thoughtful analysis, distil complex issues and communicate our results effectively in courtrooms and boardrooms across the country. We thrive on the following core tenets: (1) excellence, (2) expertise, (3) credibility, (4) clarity, (5) service.

Insight Economics provides nationally recognised economic consulting dedicated to the highest quality analysis, reports and testimony for courts and companies worldwide. Our clients seek a thorough examination and deep understanding of the data and IP issues at hand. In turn, we provide clarity and aim for direct and clear synthesis of economic analysis in our reports and testimony. Here are some select recent cases:

Medtronic, Inc.; Medtronic Puerto Rico Operations Co.; Medtronic Logistics, LLC; Medtronic USA, Inc. v. Axonics, Inc. f/k/a Axonics Modulation Technologies, Inc. (C.D. Cal., 8:19-cv-02115-DOCJDE). Evaluation of patent damages, including lost profits and reasonable royalty, related to implantable sacral neuromodulation medical devices.

Broadcom Corporation and Avago Technologies International Sales PTE. Limited v. Netflix, Inc. (N.D. Cal., 20-cv-04677-JD). Evaluation of reasonable royalty related to video streaming.

TwinStrand Biosciences, Inc., University of Washington v. Guardant Health, Inc. (D. Del., 21-1226-GBW-SRF). Evaluation of reasonable royalty related to cancer diagnostic tests.

The United States of America v. Gilead Sciences, Inc. and Gilead Sciences Ireland UC (D. Del. 1:19-CV-02103-MN). Evaluation of reasonable royalty related to Truvada and Descovy (tenofovir and emtricitabine) for HIV pre-exposure prophylaxis.

Novo Nordisk Inc. and Novo Nordisk A/S v. Mylan Pharmaceuticals Inc., et al. (D. Del., 22-MD-3038-CFC). Evaluation of commercial success related to Ozempic.

Expert testimony is our strongest area. We thrive in the litigation environment because of our excellent analysis, attention to detail and credible testimony. We offer top-quality analysis and testimony to top law firms across the country.

It is important to assess a case with an economic consultant early on, to assess magnitude and complexity of damages. That gives a better sense of how much time and resources to devote to a case in advance.