Tom Cotter

Tom Cotter

@thomascotter1.bsky.social

Taft Professor of Law, University of Minnesota

198 Followers 183 Following 116 Posts Joined Nov 2024
3 days ago
Federal Circuit Reverses Judgment Awarding Extraterritorial Damages The case in Trustees of Columbia University v. Gen Digital Inc . , precedential opinion by Judge Dyk (joined by Judges Prost and Reyna), pub...

Federal Circuit Reverses Judgment Awarding Extraterritorial Damages: comparativepatentremedies.blogspot.com/2026/03/fede...

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4 days ago
Federal Circuit Authorizes Royalty Calculation Based on Nonpatented Articles I’ve been busy the last several days reviewing the page proofs for my forthcoming book, Wrongful Patent Assertion:   A Comparative Law a...

Federal Circuit Authorizes Royalty Calculation Based on Nonpatented Articles: comparativepatentremedies.blogspot.com/2026/03/fede...

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5 days ago

He was a very kind man and a prominent scholar. So sorry to hear that.

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1 week ago
Herr, Alymov & Nothmann on Whether the UPC Can Set Global FRAND Rates Jochen Herr, Nikita Alymov, and Martin Nothmann have published an article titled Can the UPC set global FRAND rates? , 1/2026 GRUR Patent 18...

Herr, Alymov & Nothmann on Whether the UPC Can Set Global FRAND Rates: comparativepatentremedies.blogspot.com/2026/03/herr...

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1 week ago
EU Requests WTO Panel to Determine Legality of Global FRAND Determinations in China February was an unusually busy month for me, and my week-long bout with COVID didn't help, so I am behind schedule in blogging about rec...

EU Requests WTO Panel to Determine Legality of Global FRAND Determinations in China: comparativepatentremedies.blogspot.com/2026/03/eu-r...

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2 weeks ago
Judge Albright’s Order in BMW v. Onesta As noted on this blog previously (see here and here ), in December Judge Alan Albright (W.D. Tex.) issued a temporary restraining order, la...

Judge Albright’s Order in BMW v. Onesta:
comparativepatentremedies.blogspot.com/2026/02/judg...

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1 month ago
Aggregate Royalties for Cellular SEPs Nadia Soboleva and John Hayes have published an article titled Aggregate Royalty for Cellular SEPs in Recent Court Decisions , 11/2025 GRUR ...

Aggregate Royalties for Cellular SEPs: comparativepatentremedies.blogspot.com/2026/02/aggr...

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1 month ago
New EC Study on IPRED There already has been a lot going on in the IP world this year, especially in relation to SEPs   in the U.K., Germany, and China; and unfor...

New EC Study on IPRED: comparativepatentremedies.blogspot.com/2026/02/new-...

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1 month ago
Johnson on Assessments of Patent Damages in the U.K. Phillip Johnson has published an interesting article titled The assessment of damages in patent infringement:   General Tire and a history...

Johnson on Assessments of Patent Damages in the U.K.: comparativepatentremedies.blogspot.com/2026/01/john...

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1 month ago
German Federal Supreme Court Rejects HMD’s Appeal In 2024, the European Commission filed an amicus brief in a SEP case, VoiceAge v. HMD , urging the Munich Higher Regional Court to requ...

German Federal Supreme Court Rejects HMD’s Appeal: comparativepatentremedies.blogspot.com/2026/01/germ...

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1 month ago
Gervais on Territoriality and Global FRAND Rate-Setting Daniel Gervais, one of the world’s leading experts on the TRIPS Agreement, has published a very interesting article titled The Principle of ...

Gervais on Territoriality and Global FRAND Rate-Setting: comparativepatentremedies.blogspot.com/2026/01/gerv...

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2 months ago
Judge Albright Enjoins Onesta from Proceeding in Munich with Claim for the Infringement of U.S. Patents In December, I noted that , at BMW’s request, Judge Albright (W.D. Tex.) had entered a TRO prohibiting Onesta from litigating claims for the...

Judge Albright Enjoins Onesta from Proceeding in Munich with Claim for the Infringement of U.S. Patents: comparativepatentremedies.blogspot.com/2026/01/judg...

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2 months ago
UPC Court of Appeal Reverses Moral Prejudice Damages Award The case is Bhagat Textile Engineers v. Oerlikon Textile GmbH & Co. KG , decided by Panel 1b of the UPC Court of Appeal on December 9, 2025....

UPC Court of Appeal Reverses Moral Prejudice Damages Award: comparativepatentremedies.blogspot.com/2026/01/upc-...

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2 months ago
Federal Circuit Reverses Injunction, Reverses and Remands on Willfulness I resume blogging this week with a post about the Federal Circuit’s December 17 precedential decision in Wonderland Switzerland AG v. Evenfl...

Federal Circuit Reverses Injunction, Reverses and Remands on Willfulness: comparativepatentremedies.blogspot.com/2026/01/fede...

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2 months ago
EWHC: Acer, ASUS, and Hisense Are Entitled to Declarations of Interim Licenses Mr. Justice Mellor's decision in Acer, Inc. et al. v. Nokia   Technologies Oy is here .   I have grading to complete, after which I w...

EWHC: Acer, ASUS, and Hisense Are Entitled to Declarations of Interim Licenses: comparativepatentremedies.blogspot.com/2025/12/ewhc...

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2 months ago
Judge Albright Issues Antisuit TRO Relating to Assertion in Munich of Claims for the Infringement of U.S. Patents This dispute is reported this morning on Law360 and on ip fray .   When BSH v Electrolux came out earlier this year (see my blog post ...

Judge Albright Issues Antisuit TRO Relating to Assertion in Munich of Claims for the Infringement of U.S. Patents: comparativepatentremedies.blogspot.com/2025/12/judg...

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2 months ago
Criminal Contempt in Munich Florian Mueller has published a post on ip fray concerning a December 10 decision of the Munich I Regional Court, ordering the general ...

Criminal Contempt in Munich: comparativepatentremedies.blogspot.com/2025/12/crim...

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2 months ago
AIPPI 2025 Study Question Q296: Preliminary Injunctions: Requirements for compensating damage suffered by defendant One of the topics I discuss at some length in other forthcoming book, Wrongful Patent Assertion:   A Comparative Law and Economics Analysis ...

AIPPI 2025 Study Question Q296: Preliminary Injunctions: Requirements for compensating damage suffered by defendant: comparativepatentremedies.blogspot.com/2025/12/aipp...

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3 months ago
UPC Court of Appeal Invokes Proportionality in Approving Injunction Carve-Out In the joined appeals in Meril Italy Srl et al. v. Edwards Lifesciences Corp ., UPC__CoA__A464/2024 et al. (Nov. 25, 2025) , Panel 1 of the ...

UPC Court of Appeal Invokes Proportionality in Approving Injunction Carve-Out: comparativepatentremedies.blogspot.com/2025/12/upc-...

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3 months ago
Alba, Helmers and Love on Octane Fitness’ Effect on PAEs and Innovation Tommaso Alba, Christian Helmers, and Brian J. Love have posted a paper on ssrn titled A Tale of Trolls and Fees:   The Role of Fee-Shiftin...

Alba, Helmers and Love on Octane Fitness’ Effect on PAEs and Innovation: comparativepatentremedies.blogspot.com/2025/12/alba...

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3 months ago

Thank you!

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3 months ago
Preview
My Book "Remedies in Intellectual Property Law" Is Now Available for Pre-Order My book  Remedies in Intellectual Property Law  (Edward Elgar Publ. 2026) is now available for pre-order.  Publication expected sometime in ...

My Book "Remedies in Intellectual Property Law" Is Now Available for Pre-Order: comparativepatentremedies.blogspot.com/2025/11/my-b...

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3 months ago
Müller-Stoy and Lepschy on BSH v. Electrolux Tilman Müller-Stoy and Paul Lepschy have published an article titled Practical Implications of BSH v Electrolux for resolving global patent ...

Müller-Stoy and Lepschy on BSH v. Electrolux: comparativepatentremedies.blogspot.com/2025/11/mull...

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3 months ago
Conference on the Intellectual Property Rights Enforcement Directive Tomorrow and Friday, the Faculty of Law, Economics and Finance at the University of Luxembourg will be presenting a conference titled Equali...

Conference on the Intellectual Property Rights Enforcement Directive: comparativepatentremedies.blogspot.com/2025/11/conf...

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3 months ago
Federal Circuit Vacates Lost Profits Award The case is Inventist Inc. v. Ninebot Inc. (USA) , nonprecedential opinion (released last Friday) by Judge Dyk, joined by Judges Hughes and ...

Federal Circuit Vacates Lost Profits Award: comparativepatentremedies.blogspot.com/2025/11/fede...

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3 months ago
EWCA Vacates Declaration of Interim License in Samsung v. ZTE I was taking a blogging break ever since this decision was handed down on October 31, so I hadn’t written anything about it yet.    By way ...

EWCA Vacates Declaration of Interim License in Samsung v. ZTE: comparativepatentremedies.blogspot.com/2025/11/ewca...

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4 months ago
Damages for Industrial Property Infringement in France Grégoire Desrousseaux, Mayeul Ottaviani, and Louis Jabert have published an article titled L’évaluation du prejudice de la contrefaçon d...

Damages for Industrial Property Infringement in France: comparativepatentremedies.blogspot.com/2025/10/dama...

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4 months ago
Judge Connolly on Willful Infringement U.S. District Court Judge Colm Connolly’s October 14 opinion in Inari Medical, Inc. v. Inquis Medical, Inc. , has received attention on both...

Judge Connolly on Willful Infringement: comparativepatentremedies.blogspot.com/2025/10/judg...

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4 months ago
The EWHC’s Ex Parte Order Against InterDigital As noted here two weeks ago, following reports on ip fray, the Mannheim Local Division of the Unified Patent Court and the Munich Regio...

The EWHC’s Ex Parte Order Against InterDigital: comparativepatentremedies.blogspot.com/2025/10/the-...

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4 months ago
Jüngst and Schroeder on Damages for Wrongly-Issue Preliminary Injunctions in the UPC I commend to readers’ attention an article by Oliver Jan Jüngst and Moritz Schroeder titled ֦ PI damages ֞ :   Revocation of provisional ...

Jüngst and Schroeder on Damages for Wrongly-Issue Preliminary Injunctions in the UPC: comparativepatentremedies.blogspot.com/2025/10/jung...

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