`
`DeForest McDuff, Ph.D.
`Vice President
`
`November 2016
`
`DeForest McDuff, Ph.D. is a Vice President of Intensity Corporation and an expert in applied
`business economics, with more than ten years of experience in consulting, finance, and economic
`research. Dr. McDuff provides expert witness testimony and economic consulting in a variety of
`areas, including intellectual property, financial analysis, antitrust & competition, labor &
`employment, valuation, business optimization, and sport & entertainment.
`
`In litigation, Dr. McDuff provides expert witness analysis and consulting in a wide range of high-
`stakes cases, with particular expertise and experience in economic damages, intellectual
`property, business, antitrust, competition, finance, labor, employment, and class action. His
`work includes evaluation of lost profits, reasonable royalties, unjust enrichment, commercial
`success, economic prejudice, irreparable harm, and a variety of other economic issues. He has
`provided economic consulting and/or expert testimony on more than 100 cases.
`
`In business optimization, Dr. McDuff provides economic analysis to businesses and
`organizations seeking to improve and optimize pricing, revenues, and business strategies. He
`and his colleagues at Intensity have developed data-driven algorithms to forecast demand and
`derive improved pricing to increase profits. He has worked on a number of engagements involving
`price testing, economic forecasting, and revenue optimization algorithms. He has provided
`economic consulting services in strategic negotiations and licensing.
`
`In sports, Dr. McDuff provides economic analysis to teams and organizations seeking to improve
`revenue, pricing, sponsorship, fan engagement, and other data-driven analysis. He has worked
`on a variety of projects with professional sports teams, ranging from ticket price optimization to
`demographic analysis to market surveys to emotion recognition technology.
`
`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 economic and
`statistical properties of housing markets and financial derivatives. 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 has been a consultant at Intensity since 2009 and currently leads Intensity’s East
`
`Coast operations in Boston.
`
`MYLAN - EXHIBIT 1061
`Mylan et al. v. AstraZeneca
`IPR2015-01340
`
`

`

`Education
`Ph.D., Economics, Princeton University
`
`M.A., Economics, Princeton University
`
`B.A., Economics, University of Maryland, College Park, summa cum laude
`
`B.S., Mathematics, University of Maryland, College Park, summa cum laude
`
`Professional Experience
`Intensity Corporation (www.intensity.com) (formerly Quant Economics). Boston MA: Vice
`President, 2015 to present. San Diego CA: Vice President, 2013 to 2015. Senior Economist, 2012
`to 2013. Economist, 2009 to 2012.
`
`Academic Integrity Seminar (www.integrityseminar.org). Boston MA. Co-Founder and Managing
`Partner, 2006 to present.
`
`JPMorgan Chase & Co. New York NY. Trading Analyst, 2006 to 2007.
`
`Princeton University. Princeton NJ. Economic Research Assistant, 2004 to 2006.
`
`Academic Referee. Review of Economics and Statistics; Journal of Urban Economics; Economics of
`Education Review; Journal of Housing Economics; Journal of Real Estate Economics and Finance.
`
`Economic Expertise
`Dr. McDuff frequently provides economic consulting services and expert analysis in a number of
`areas, including:
`
`
`
`Intellectual Property. Dr. McDuff has wide-ranging experience in the economics of
`technology and intellectual property in the life sciences, electronics, and a variety of other
`industries. He has extensive experience evaluating economic issues such as lost profits,
`reasonable royalties, unjust enrichment, irreparable harm, economic prejudice, and
`commercial success. In one example, he evaluated lost profits, reasonable royalties, and
`commercial success relating to an at-risk generic drug launch. In another example, he
`evaluated reasonable royalties for semiconductor packaging technology, including analysis
`of license agreements, licensing practices, geographic patent coverage, and economic
`bargaining in a hypothetical negotiation.
`
` Financial Analysis. Dr. McDuff provides financial analysis in a variety of contexts, including
`financial modeling, economic forecasting, and strategic business analysis. In one example,
`he constructed discounted cash flow models of a growing business segment that had been
`harmed by alleged unfair competition by a competitor. In another example, he constructed
`an economic forecasting model in order to project future revenues for the purpose of a
`potential private equity acquisition.
`
`CV of DeForest McDuff, Ph.D.
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` Antitrust & Competition. Dr. McDuff performs economic analysis of competition and anti-
`competitive behavior, including evaluations of monopolization, tying, price fixing, and other
`allegations. In one example, he examined allegations of market power and antitrust price
`injury in the flash memory industry, including defining the relevant market and determining
`competitive effects of certain alleged conduct. In another example, he provided expert
`witness analysis of alleged unfair competition and false advertising in the healthcare
`industry, including analysis of lost profits and unjust enrichment.
`
` Labor & Employment. Dr. McDuff has significant experience in the economics of labor and
`employment. In one example, he provided expert witness testimony relating to employee
`labor income and consumer expenditures in the context of a debtor and trustee in
`bankruptcy court. In another example, he evaluated the economic impact of an employee
`solicitation between two large insurance companies, using an econometric model that
`accurately separated the effects of the alleged conduct from unrelated factors, including the
`financial crisis in 2008.
`
` Valuation. Dr. McDuff provides expert economic valuation analysis in a wide range of
`contexts and industries. In one example, he provided expert witness analysis and testimony
`relating to a patent portfolio in the telecommunications industry, including evaluation of
`valuation methodologies. In another example, he provided valuation analysis for strategic
`negotiations for a company attempting to license its technology in the computer hardware
`industry, including evaluation of royalty structures and rates.
`
` Business Optimization. Dr. McDuff designs and implements a variety of data-driven
`methodologies to optimize prices, revenues, and business strategies. In one example, he
`evaluated and designed price optimization algorithms for a high-volume e-commerce client
`with thousands of visitors across hundreds of products daily. In another example, he
`analyzed and proposed marketing and pricing strategies for an online retailer seeking to
`enhance revenue and profitability heading into the holiday season.
`
` Sports & Entertainment. Dr. McDuff provides economic analysis in the context of
`professional sports and entertainment industries, including litigation work and economic
`consulting. In one example, he analyzed and designed pricing algorithms for a professional
`ice hockey team in setting ticket prices for its upcoming season. In another example, he
`performed an economic damages analysis on behalf of a high-profile NFL player alleging
`trademark infringement against a major apparel supplier.
`
`Publications and Papers
`McDuff, DeForest: “Splitting the Atom: Economic Methodologies for Profit Sharing in Reasonable
`Royalty Analysis,” (2016) les Nouvelles June 2016, 70-73.
`
`McDuff, DeForest and Daryl Fairweather: “Measuring Marketing: Using Content Analysis to
`Evaluate Relative Value in Valuation and Reasonable Royalty Analysis,” (2016) les Nouvelles.
`June 2016, 88-93.
`
`CV of DeForest McDuff, Ph.D.
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`McDuff, DeForest, Ryan Sullivan, and Justin Skinner: “Downgrade to ‘Neutral’: A Diminishing
`Role of the Georgia-Pacific Factors in Reasonable Royalty Analyses,” (2015) les Nouvelles 50(3),
`134-137. Licensing Executives Society Article of the Month: March 2016.
`
`McDuff, DeForest and Ryan Sullivan: “AstraZeneca and Damages In ‘At-Risk’ Generic Drug
`Launches,” April 28, 2015, Law360, http://www.law360.com/ip/articles/642615/astrazeneca-
`and-damages-in-at-risk-generic-drug-launches.
`
`McDuff, DeForest and Justin Skinner: “Reasonable Royalties: All About that Base … Or That
`Rate,” December 18, 2014, Law360, http://www.law360.com/articles/ 603598/reasonable-
`royalties-all-about-that-base-or-that-rate.
`
`McDuff, DeForest, Susan McDuff, Jennifer Farace, Carolyn Kelley, Maria Sovoia, and Jess
`Mandel: “Evaluating a Grading Change at UCSD School of Medicine: Pass/Fail Grading is
`Associated with Decreased Performance on Preclinial Exams but Unchanged Performance on
`USMLE Step 1 Scores” (2014) BioMed Central Medical Education 14:127.
`
`McDuff, DeForest and Justin Skinner: “Apple v. Motorola May Help Defenders of Daubert
`Challenges” with Justin Skinner, May 21, 2014, Law360, http://www.law360.com/articles/
`539384/apple-v-motorola-may-help-defenders-of-daubert-challenges.
`
`McDuff, DeForest: “Home Price Risk, Local Market Shocks, and Index Hedging,” (2012) The
`Journal of Real Estate Finance and Economics 45(1), 212–237.
`
`McDuff, DeForest: “Demand Substitution Across U.S. Cities: Observable Similarity and Home
`Price Correlation,” (2011) Journal of Urban Economics 70(1), 1–14.
`
`McDuff, DeForest: “Quality, Tuition, and Applications to In-State Public Colleges,” (2007)
`Economics of Education Review 26(4), 433–449.
`
`McDuff, DeForest: “Analyzing Income and Happiness: The Effects of Placing Too Much Emphasis
`on Income in a Job” (2005), Princeton manuscript.
`
`Speaking Engagements
`“Price Optimization in E-Commerce,” Presenter, Global Big Data Conference, Boston MA, 2016.
`
`“Damages Whirlwind: Navigating Reasonable Royalties in 2015,” Presenter, Boston Patent Law
`Association, Boston MA, 2015.
`
`“Asset Valuation and Patent Monetization: A Review of Valuation Methods and Transaction
`Structures,” Presenter, Law Seminars International, San Francisco CA, 2015.
`
`“Jury Trials for At-Risk Generic Launches,” Presenter, Continuing Legal Education, Los Angeles
`CA, 2015.
`
`“Careers for PhDs in Start-ups,” Panelist, University of California at San Diego, San Diego CA,
`2014.
`
`CV of DeForest McDuff, Ph.D.
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`

`“How to Prove Reasonable Royalty in Patent Damages,” Panelist, The Knowledge Congress, San
`Diego CA, 2013.
`
`“Careers in Economics and Finance,” Presenter, University of California at San Diego, San Diego
`CA, 2010.
`
`“Home Price Risk, Local Market Shocks, and Index Hedging,” Presenter, National Bureau of
`Economic Research, Boston MA, 2008.
`
`Awards
`National Science Foundation Graduate Research Fellowship. Awarded to top 25 graduate
`students in economics nationwide each year, Princeton University.
`
`Princeton University Graduate Research Fellowship. Full tuition fellowship and stipend for
`graduate research, Princeton University.
`
`Towbes Teaching Prize for Outstanding Teaching. Awarded to top 4 teaching assistants in the
`economics department each semester, Princeton University.
`
`Dillard Prize. Awarded to top undergraduate in economics, University of Maryland.
`
`Expert Testimony and Consulting
`Dr. McDuff has been retained as the testifying expert on the following cases:
`
`1. Pfizer Inc., Wyeth LLC, Pfizer Pharmaceuticals LLC, PF Prism C.V., and Pifzer Manufacturing
`Holdings LLC v. Mylan Laboratories Limited. United States District Court, District of
`Delaware, Case No. 1:15-cv-00026. Expert report and deposition. Evaluation of
`commercial success related to Tygacil (tigecycline) for the treatment of infections.
`
`2. Pfizer Inc., and UCB Pharma GmBH v. Mylan Pharmaceuticals, Inc. United States District
`Court, District of Delaware, Case No. 1:15-cv-00079. Two expert reports and deposition.
`Evaluation of commercial success related to Toviaz (fesoterodine) for the treatment of
`overactive bladder.
`
`3. DNA Genotek, Inc. v. Spectrum Solutions LLC and Spectrum DNA. United States District
`Court, Southern District of California, Case No. 3:16-cv-01544. Declaration and
`deposition. Evaluation of economic harm related to genetic testing kits.
`
`4. Acorda Therapeutics, Inc. and Alkermes Pharma Ireland Limited v. Aurobindo Pharma USA
`Inc., Alkem Laboratories Ltd., Roxane Laboratories, Inc., Accord Healthcare Inc., Mylan
`Pharmaceuticals Inc., Teva Pharmaceuticals USA Inc., Apotex Corp., and Apotex Inc. United
`States District Court, District of Delaware, Case No. 1:14-cv-00882 (consolidated). Expert
`report, deposition, and trial. Evaluation of commercial success related to Ampyra (4-
`aminopyridine) for the treatment of multiple sclerosis.
`
`5. Eli Lilly and Company, Eli Lilly Exports S.A., and Acrux DDS Pty Ltd. v. Watson Laboratories,
`Inc., Actavis, Inc., and Actavis Pharma, Inc. United States District Court, Southern District
`
`CV of DeForest McDuff, Ph.D.
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`Page 5 of 13
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`of Indiana, Case No. 1:13-cv-01799. Expert report. Evaluation of irreparable harm related
`to Axiron (testosterone) for the treatment of male hypogonadism.
`
`6. Art Cohen (individually and on behalf of all others similarly situated) v. Donald J. Trump.
`United States District Court, Southern District of California, Case No. 3:13-cv-02519.
`Expert report and deposition. Evaluation of class action damages related to RICO
`allegations related for alleged misrepresentations regarding Trump University.
`
`7. Orexo AB and Orexo US, Inc. v. Actavis Elizabeth LLC. United States District Court, District
`of Delaware, Case No. 1:14-cv-00829. Expert report and deposition. Evaluation of
`commercial success related to Zubsolv (buprenorphine and naloxone) for the treatment of
`opioid dependence.
`
`8.
`
`In the Inter Partes Review of U.S. Patent Nos. 6,858,650; 7,384,980; 7,855,230; 7,985,772;
`and 8,338,478. United States Patent and Trademark Office, Patent Trial and Appeal Board,
`IPR2016-00510;
`IPR2016-06136;
`IPR2016-01665; and
`IPR2016-01596.
` Expert
`declaration. Evaluation of commercial success related to Toviaz (fesoterodine) for the
`treatment of overactive bladder.
`
`9. Sanofi and Sanofi-Aventis U.S., LLC v. Glenmark Generics
`Inc., USA, Glenmark
`Pharmaceuticals Limited, Watson Laboratories Inc., Alkem Laboratories Ltd., First Time US
`Generics LLC, Sun Pharma Global FZE, Sun Pharmaceutical Industries, Ltd., Alembic
`Pharmaceuticals Limited, and Sandoz Inc. United States District Court, District of
`Delaware, Case No. 1:14-cv-00264. Expert report, deposition and trial. Evaluation of
`commercial success related to Multaq (dronedarone) for the treatment of atrial fibrillation.
`
`10. NCR Corporation v. Documotion Research, Inc. United States District Court, District of
`Delaware, Case No. 1:14-cv-00395. Expert report and deposition. Patent infringement
`damages including evaluation of lost profits and reasonable royalty for food and beverage
`labeling products.
`
`11. United Therapeutics Corporation v. Teva Pharmaceuticals USA Inc. United States District
`Court, District of New Jersey, Case No. 3:14-cv-05498. Retained as expert. Evaluation of
`commercial success related to Remodulin (trepostinil sodium) for the treatment of
`pulmonary arterial hypertension.
`
`12. In the Inter Partes Review of U.S. Patent No. 8,822,438. United States Patent and Trademark
`Office, Patent Trial and Appeal Board, IPR2016-00286. Expert declaration and deposition.
`Evaluation of commercial success related to Zytiga (abiraterone) and the treatment of
`prostate cancer.
`
`13. CH2O, Inc. v. Meras Engineering, Inc., Houweling’s Nurseries Oxnard, Inc., HNL Holdings,
`Ltd., Houweling Utah Operations, Inc., and Houweling’s Nurseries, Ltd. United States
`District Court, Central District of California, Case No. 2:13-cv-08418. Expert report,
`deposition, and trial. Evaluation of lost profits and reasonable royalty for patent
`infringement related to agricultural technology.
`
`14. TrendSettah USA Inc. and Trend Settah, Inc. v. Swisher International, Inc. United States
`District Court, Central District of California, Case No. 8:14-cv-01664. Expert report,
`declaration, deposition, and trial. Antitrust liability and damages, including evaluation of
`market definition, market power, monopolization, and damages related to tobacco
`products.
`
`CV of DeForest McDuff, Ph.D.
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`15. Lights Out Holdings, LLC and Shawne Merriman v. Nike, Inc. United States District Court,
`Southern District of California, Case No. 3:14-cv-00872. Expert report and deposition.
`Evaluation of trademark infringement and false endorsement related to athletic apparel.
`
`16. Enzo Life Sciences, Inc. v. Abbott Laboratories and Abbott Molecular, Inc. United States
`District Court, District of Delaware, Case No. 1:12-cv-00274. Three expert reports and
`deposition. Evaluation of economic prejudice and reasonable royalties related to molecular
`diagnostics.
`
`17. AbbVie, Inc. and AbbVie Deutschland GmBH & Co. KG v. Mylan Pharmaceuticals, Inc., and
`Mylan Laboratories Ltd. United States District Court, District of Delaware, Case No. 1:13-
`cv-01072. Retained as expert. Evaluation of commercial success related to Kaletra
`(lopinavir/ritonavir) and Norvir (ritonavir) for the treatment of HIV / AIDS.
`
`18. Merck Sharp & Dohme B.V. v. Warner Chilcott Company, LLC and Warner Chilcott (US), LLC.
`United States District Court, District of Delaware, Case No. 1:13-cv-02088. Expert report,
`deposition, and trial.
` Evaluation of commercial success related to NuvaRing
`(estonogestrel/ethinyl estradiol) and contraception products.
`
`19. DNA Genotek, Inc. v. Spectrum DNA, Spectrum Solutions, LLC, and Spectrum Packaging, LLC.
`United States District Court, District of Delaware, Case No. 1:15-cv-00661. Expert
`declaration and deposition. Evaluation of economic harm related to genetic testing kits.
`
`20. Eisai Co., Ltd., and Novartis Pharma AG v. Glenmark Pharmaceuticals Ltd., Glenmark
`Generics Ltd., Glenmark Generics Inc., USA, Hetero Labs LTD., Hetro USA, Inc., Lupin Ltd.,
`Lupin Pharmaceuticals, Inc., Mylan Pharmaceuticals Inc., and Roxane Laboratories, Inc.
`United States District Court, District of Delaware, Case Nos. 13-1279-LPS, 13-1280-LPS,
`13-1281-LPS, 13-1282-LPS, 13-1284-LPS. Expert report and deposition. Evaluation of
`commercial success related to Banzel (rufinamide) for the treatment of epilepsy.
`
`21. Thomas McBurnie, United Green Industries, Inc. d/b/a Custom Coachwerks v. Heartland
`Coalition d/b/a Heartland Foundation, United Green Industries, Inc. d/b/a Custom
`Coachwerks, Alan Caswell, Mark Hanson, and Christopher Kleber. Superior Court of
`California, County of San Diego, Case No. 37-2014-00082263-CU-WT-CTL. Retained at
`expert. Breach of contract and interference with economic relations including analysis of
`business financials and valuations related to custom automobiles.
`
`22. UCB, Inc., UCB Biopharma SPRL, Research Corporation Technologies, Inc., and Harris FRC
`Corporation v. Accord Healthcare, Inc., Intas Pharmaceuticals, Ltd., Alembic Pharmaceuticals,
`Ltd., Alembic Pharma Limited, Amneal Pharmaceuticals, LLC, Amneal Pharmaceuticals of
`New York, LLC, Apotex Corp., Apotex, Inc., Aurobindo Pharma Ltd., Aurobindo Pharma USA,
`Inc., Breckenridge Pharmaceutical, Inc., Vennoot Pharmaceuticals, LLC, Hetero USA, Inc.,
`Hetero Labs Limited, Mylan Pharmaceuticals, Inc., Mylan, Inc., Sandoz, Inc., Sun Pharma
`Global FZE, Sun Pharmaceuticals Industries Ltd., Watson Laboratories, Inc.-Florida, Watson
`Pharma, Inc., Actavis, Inc., Zydus Pharmaceuticals (USA), Inc., and Cadila Healthcare Ltd.
`dba Zydus Cadila. United States District Court, District of Delaware, Case No. 1:13-cv-
`01206. Expert report, deposition, and trial. Evaluation of commercial success related to
`Vimpat (lacosamide) for the treatment of epilepsy.
`
`23. Omega Patents, LLC v. CalAmp Corp. United States District Court, Middle District of
`Florida, Case No. 6:13-cv-1950. Expert report and deposition. Patent infringement
`damages including evaluation of reasonable royalty related to vehicle tracker devices on
`automobiles.
`
`CV of DeForest McDuff, Ph.D.
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`Page 7 of 13
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`24. Tessera, Inc. v. UTAC (Taiwan) Corporation. United States District Court, Northern District
`of California, Case No. 5:10-cv-04435. Expert report, deposition, and declaration. Breach
`of contract damages including lost royalties and prejudgment interest related to
`semiconductor packaging.
`
`25. VStream Technologies, LLC v. LG Electronics, Inc., LG Electronics U.S.A., Inc., LG Electronics
`Mobilecomm U.S.A., Inc., Nokia, Inc., Sony Corporation, Sony Electronics, Inc., Samsung
`Electronics Co., Ltd., Samsung Electronics America, Inc., Pantech Wireless, Inc., and ZTE
`(USA), Inc. United States District Court, Eastern District of Texas, Case No. 6:14-cv-00296;
`and VStream Technologies, LLC v. GoPro, Inc., ION America, LLC, and World Wide Licenses,
`Ltd. United States District Court, Eastern District of Texas, Case No. 6:14-cv-00298.
`Retained as expert. Patent infringement damages including evaluation of reasonable
`royalty related to optical compression and video decompression.
`
`26. nQueue, Inc. v. Control Systems (USA) Inc.. United States District Court, Central District of
`California, Case No. 8:12-cv-01365-BPO-RNBx. Expert report. Patent infringement
`damages including evaluation of reasonable royalty related to expense tracking systems for
`multi-function copy devices.
`
`27. Kevin O’Halloran v. Harris Corporation and RPX Corporation. United States Bankruptcy
`Court, Middle District of Florida, Case No. 8:13-ap-00571. Expert report, deposition
`testimony, and trial testimony. Patent valuation including evaluation of patent portfolios,
`valuation, and valuation context related to telecommunications technologies.
`
`28. UCB, Inc. and UCB Manufacturing, Inc. v. Teva Pharmaceuticals USA, Inc. United States
`District Court, Northern District of Georgia, Case No. 12-cv-04420-CAP. Two expert
`reports, deposition testimony, and hearing testimony. Patent infringement damages
`including evaluation of lost profits, reasonable royalty, and commercial success related to
`Metadate CD (methylphenidate hydrochloride) for the treatment of ADHD.
`
`29. In re: Victoria J. Wagner. United States Bankruptcy Court, Southern District of California,
`Case No. 13-06596-MM7. Expert declaration. Labor and employment including evaluation
`of analysis of expenditures, living standards, taxation.
`
`30. Invensas Corp. v. Renesas Electronics Corp. United States District Court, District of
`Delaware, Case No. 11-cv-00448-GMS. Expert report. Patent infringement damages
`including evaluation of reasonable royalty related to semiconductor packaging.
`
`31. Motion Water Sports, Inc. v. Square One Distribution, Inc. United States District Court,
`Southern District of California, Case No. 11-cv-01375-CAB. Retained as expert. Patent
`infringement damages including evaluation of lost profits, reasonable royalty related to
`wakeboard components and products.
`
`32. Avago Technologies U.S. Inc., et al., v. IPTronics, Inc., et al. United States District Court,
`Northern District of California, Case No. 10-02863-EJD. Retained as expert. Patent
`infringement damages and alleged unfair competition including analysis of lost profits,
`unjust enrichment, and reasonable royalty related to lasers and optics products.
`
`33. In re Sanitec Industries, Inc, Debtor; Sanitec Industries, Inc. v. Micro-Waste Corp., et al. and
`related claims. United States District Court, Central District of California, Western Division,
`Case No. 09-cv-03488-PA. Expert report. Economic analysis of competition including
`breach of contract, false advertising, unfair competition, trademark infringement related to
`hospital microwave disinfection units.
`
`CV of DeForest McDuff, Ph.D.
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`

`34. Avago Technologies: Avago Technologies, U.S., Inc. and Avago Technologies International
`Sales PTE Limited v. Emcore Corporation and Venture Corporation Limited. United States
`District Court, Northern District of California, Case No. 5:08-cv-03248-JW. Retained as
`expert. Economic analysis of competition including breach of contract, breach of warranty,
`lost profits related to fiber optics transceivers.
`
`35. Aqua-Lung America, Inc. v. American Underwater Products, Inc., d/b/a Oceanic and Two
`Forty Deuce. United States District Court, Northern District of California, Case No. 5:07-
`cv-02346-RS. Expert report and deposition testimony. Patent infringement and trade
`secret misappropriation including evaluation of lost profits, reasonable royalty, and unjust
`enrichment related to scuba diving equipment.
`
`Dr. McDuff has provided economic consulting services on the following cases:
`
`1. BMG Rights Management (US) LLC, and Round Hill Music LP v. Cox Enterprises, Inc., Cox
`Communications, Inc., and Coxcom, LLC. United States District Court, Eastern District of
`Virginia, Case No. 1:14-cv-01611. Analysis of copyright infringement, including evaluation
`of peer-to-peer file sharing, network effects, and apportionment related to alleged pirating
`of copyrighted works, recordings, and compositions.
`
`2. Global Tel*Link Corporation, v. Securus Technologies, Inc. United States District Court,
`Northern District of Texas, Dallas Division, Case No. 3:14-cv-00829-k. Patent infringement
`damages, including evaluation of lost profits and reasonable royalty related to
`telecommunications provided to correctional facilities.
`
`3. C-Cation Technologies, LLC v. Time Warner Cable, Inc., Time Warner Cable Enterprises, LLC,
`Time Warner Cable Texas, LLC, Arris Group, Inc., Cisco Systems, Inc., and Casa Systems,
`Inc. United States District Court, Eastern District of Texas, Case No. 2:14-cv-00059.
`Patent infringement damages, including evaluation of reasonable royalty related to cable
`telecommunication systems.
`
`4. Farstone, Inc. v. Apple, Inc. United States District Court, Central District of California, Case
`No. 8:13-cv-01537. Patent infringement damages, including evaluation of reasonable
`royalty related to data backup and recovery on computer software.
`
`5. Oracle America, Inc. and Oracle International Corporation v. Terix Computer Company, Inc.,
`Maintech Incorporated, Volt Delta Resources, LLC, Sevanna Financial, Inc., and West Coast
`Computer Exchange, Inc. and related counterclaims. United States District Court, Northern
`District of California, Case No. 5:13-cv-03385. Antitrust liability and damages, including
`evaluation of market definition, market power, tying, and damages related to computer
`software.
`
`6. Audatex North America, Inc. v. Mitchell International, Inc. United States District Court,
`Southern District of California, Case No. 1:12-cv-01523. Patent infringement damages,
`including evaluation of lost profits, reasonable royalty, and commercial success related to
`the auto insurance estimation and loss valuation.
`
`7. MUSC Foundation for Research Development and Charleston Medical Therapeutics, Inc. v.
`AstraZeneca Pharmaceuticals LP. United States District Court, District of South Carolina,
`Case Nos. 2:13-cv-2078 and 2:13-cv-3438. Patent infringement damages and evaluation
`of commercial success, including evaluation of reasonable royalty related to Crestor
`(rosuvastatin) for the treatment of cholesterol and inflammation.
`
`CV of DeForest McDuff, Ph.D.
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`Page 9 of 13
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`8. MAG Aerospace Industries, LLC v. B/E Aerospace, Inc. United States District Court, Central
`District of California, Case No. 2:13-cv-06089. Patent infringement damages including
`evaluation of lost profits, reasonable royalty, and irreparable harm related to aircraft
`vacuum toilet assemblies.
`
`9. The Trustees of Columbia University in the City of New York v. Symantec Corporation. United
`States District Court, Eastern District of Virginia, Case No. 3:13-cv-00808. Patent
`infringement damages including evaluation of reasonable royalty related to computer
`security software.
`
`10. Alfred T. Giuliano, CPM Electronics, Inc., and E.S.E. Electronics, Inc. v. SanDisk Corporation.
`United States District Court, Northern District of California, Case No. 4:10-cv-02787-SBA.
`Antitrust class action including evaluation of market power and antitrust price injury
`related to NAND flash memory.
`
`11. The Travelers Indemnity Company, Travelers Casualty and Surety Company, St. Paul Fire
`and Marine Insurance Company, and The Standard Fire Insurance Company v. Pfizer, Inc.
`and Warner-Lambert Company. United States District Court, District of Connecticut, Case
`No. 3:12-cv-01059-VLB. Economic evaluation of anti-competitive conduct and unjust
`enrichment related to Neurontin (gabapentin anhydrous) for the treatment of neurological
`disorders.
`
`12. Pentair Water Pool and Spa, Inc. v. Hayward Industries, Inc. and Hayward Pool Products,
`Inc. United States District Court, Central District of California, Case No. 2:11-cv-10280-
`GW. Patent infringement damages including evaluation of lost profits and reasonable
`royalty related to pool and spa heaters.
`
`13. Silver State Intellectual Technologies, Inc. v. Garmin International, Inc. and Garmin USA, Inc.
`United States District Court, District of Nevada, Case No. 2:11-cv-01578-PMP. Patent
`infringement damages including evaluation of reasonable royalty and commercial success
`related to personal navigation devices.
`
`14. Medinol Ltd. v. Cordis Corporation and Johnson & Johnson. United States District Court,
`Southern District of New York, Case No. 13-cv-1408 (SAS). Evaluation of economic
`prejudice related to cardiovascular stents.
`
`15. Novartis Vaccines and Diagnostics, Inc. and Novartis Pharma AG v. Biogen Idec, Inc. and
`Alexion Pharmaceuticals, Inc. United States District Court, District of Delaware, Case No.
`11-CV-00084 (SLR). Evaluation of economic prejudice related to the diagnosis of retroviral
`infections.
`
`16. Tessera, Inc. v. Advanced Micro Devices, Inc.; Spansion, LLC; Spansion, Inc.; Spansion
`Technology, Inc.; Advanced Semiconductor Engineering, Inc.; ASE (U.S.), Inc.; ChipMOS
`Technologies, Inc.; ChipMOS U.S.A., Inc.; Siliconware Precision Industries Co., Ltd.;
`Siliconware USA, Inc.; STMicroelectronics N.V.; STMicroelectronics, Inc.; Stats ChipPAC, Inc.;
`Stats ChipPAC (BVI), Ltd.; and Stats ChipPAC, Ltd. Tessera, Inc. v. Motorola, Inc.; Qualcomm,
`Inc.; Freescale Semiconductor, Inc.; and ATI Technologies, ULC. United States District Court,
`Northern District of California, Case Nos. 4:05-CV-04063 (CW) and 4:12-CV-00692 (CW).
`Patent infringement damages including evaluation of reasonable royalty and commercial
`success related to semiconductor packaging.
`
`17. Applied Micro Circuits Corporation v. SandForce, Inc., Kamran Malik, John Tseng, Michael
`Raam, and LSI Corporation. Superior Court of the State of California, County of Santa
`
`CV of DeForest McDuff, Ph.D.
`
`Page 10 of 13
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`Clara, Case No. 1-10-CV-190188. Trade secret misappropriation, unfair competition, and
`labor and employment dispute related to the semiconductor industry.
`
`18. Motorola Mobility, Inc. and General Instrument Corporation v. TiVo Inc., and related claims.
`United States District Court, Eastern District of Texas, Case No. 5:11-cv-0053. Patent
`infringement damages including evaluation of lost profits, reasonable royalty, and
`commercial success related to consumer electronics.
`
`19. AdjustaCam LLC v. Amazon.com, Inc.; Auditek Corporation; Baltic Latvian Universal
`Electronics, LLC; Best Buy Co., Inc; Best Buy Stores, LP; BestBuy.com, LLC; Blue
`Microphones, LLC; CDW Corporation; CDW, Inc.; CompUSA.com, Inc.; Creative Labs, Inc.;
`Dell, Inc.; Digital Innovations, LLC; Fry's Electronics, Inc.; Gear Head, LLC; Hewlett-Packard
`Company; J & R Electronics, Inc.; Kohl's Corporation; Kohl’s Illinois, Inc.; LifeWorks
`Technology Group, LLC; Macally Peripherals, Inc.; Macally USA; Mace Group, Inc.; Micro
`Electronics, Inc.; New CompUSA Corporation; Newegg, Inc.; Newegg.com, Inc.; Office Depot,
`Inc.; Overstock.com, Inc.; Radioshack Corporation; Rosewill Inc.; Sakar International, Inc.;
`Systemax, Inc.; Target Corp.; Tiger Dir