Tom Cotter
@thomascotter1.bsky.social
Taft Professor of Law, University of Minnesota
Gervais on Territoriality and Global FRAND Rate-Setting: comparativepatentremedies.blogspot.com/2026/01/gerv...
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 ...
comparativepatentremedies.blogspot.com
January 20, 2026 at 5:06 PM
Gervais on Territoriality and Global FRAND Rate-Setting: comparativepatentremedies.blogspot.com/2026/01/gerv...
Judge Albright Enjoins Onesta from Proceeding in Munich with Claim for the Infringement of U.S. Patents: comparativepatentremedies.blogspot.com/2026/01/judg...
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...
comparativepatentremedies.blogspot.com
January 14, 2026 at 6:16 PM
Judge Albright Enjoins Onesta from Proceeding in Munich with Claim for the Infringement of U.S. Patents: comparativepatentremedies.blogspot.com/2026/01/judg...
UPC Court of Appeal Reverses Moral Prejudice Damages Award: comparativepatentremedies.blogspot.com/2026/01/upc-...
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....
comparativepatentremedies.blogspot.com
January 8, 2026 at 4:21 PM
UPC Court of Appeal Reverses Moral Prejudice Damages Award: comparativepatentremedies.blogspot.com/2026/01/upc-...
Federal Circuit Reverses Injunction, Reverses and Remands on Willfulness: comparativepatentremedies.blogspot.com/2026/01/fede...
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...
comparativepatentremedies.blogspot.com
January 5, 2026 at 4:27 PM
Federal Circuit Reverses Injunction, Reverses and Remands on Willfulness: comparativepatentremedies.blogspot.com/2026/01/fede...
EWHC: Acer, ASUS, and Hisense Are Entitled to Declarations of Interim Licenses: comparativepatentremedies.blogspot.com/2025/12/ewhc...
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...
comparativepatentremedies.blogspot.com
December 18, 2025 at 7:12 PM
EWHC: Acer, ASUS, and Hisense Are Entitled to Declarations of Interim Licenses: comparativepatentremedies.blogspot.com/2025/12/ewhc...
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...
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 ...
comparativepatentremedies.blogspot.com
December 17, 2025 at 5:09 PM
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...
Criminal Contempt in Munich: comparativepatentremedies.blogspot.com/2025/12/crim...
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 ...
comparativepatentremedies.blogspot.com
December 16, 2025 at 4:32 PM
Criminal Contempt in Munich: comparativepatentremedies.blogspot.com/2025/12/crim...
AIPPI 2025 Study Question Q296: Preliminary Injunctions: Requirements for compensating damage suffered by defendant: comparativepatentremedies.blogspot.com/2025/12/aipp...
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 ...
comparativepatentremedies.blogspot.com
December 15, 2025 at 6:15 PM
AIPPI 2025 Study Question Q296: Preliminary Injunctions: Requirements for compensating damage suffered by defendant: comparativepatentremedies.blogspot.com/2025/12/aipp...
UPC Court of Appeal Invokes Proportionality in Approving Injunction Carve-Out: comparativepatentremedies.blogspot.com/2025/12/upc-...
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 ...
comparativepatentremedies.blogspot.com
December 8, 2025 at 9:48 PM
UPC Court of Appeal Invokes Proportionality in Approving Injunction Carve-Out: comparativepatentremedies.blogspot.com/2025/12/upc-...
Alba, Helmers and Love on Octane Fitness’ Effect on PAEs and Innovation: comparativepatentremedies.blogspot.com/2025/12/alba...
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...
comparativepatentremedies.blogspot.com
December 4, 2025 at 5:40 PM
Alba, Helmers and Love on Octane Fitness’ Effect on PAEs and Innovation: comparativepatentremedies.blogspot.com/2025/12/alba...
My Book "Remedies in Intellectual Property Law" Is Now Available for Pre-Order: comparativepatentremedies.blogspot.com/2025/11/my-b...
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 ...
comparativepatentremedies.blogspot.com
December 1, 2025 at 12:39 AM
My Book "Remedies in Intellectual Property Law" Is Now Available for Pre-Order: comparativepatentremedies.blogspot.com/2025/11/my-b...
Müller-Stoy and Lepschy on BSH v. Electrolux: comparativepatentremedies.blogspot.com/2025/11/mull...
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 ...
comparativepatentremedies.blogspot.com
November 24, 2025 at 6:51 PM
Müller-Stoy and Lepschy on BSH v. Electrolux: comparativepatentremedies.blogspot.com/2025/11/mull...
Conference on the Intellectual Property Rights Enforcement Directive: comparativepatentremedies.blogspot.com/2025/11/conf...
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...
comparativepatentremedies.blogspot.com
November 19, 2025 at 1:56 PM
Conference on the Intellectual Property Rights Enforcement Directive: comparativepatentremedies.blogspot.com/2025/11/conf...
Federal Circuit Vacates Lost Profits Award: comparativepatentremedies.blogspot.com/2025/11/fede...
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 ...
comparativepatentremedies.blogspot.com
November 18, 2025 at 3:50 PM
Federal Circuit Vacates Lost Profits Award: comparativepatentremedies.blogspot.com/2025/11/fede...
EWCA Vacates Declaration of Interim License in Samsung v. ZTE: comparativepatentremedies.blogspot.com/2025/11/ewca...
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 ...
comparativepatentremedies.blogspot.com
November 17, 2025 at 4:27 PM
EWCA Vacates Declaration of Interim License in Samsung v. ZTE: comparativepatentremedies.blogspot.com/2025/11/ewca...
Damages for Industrial Property Infringement in France: comparativepatentremedies.blogspot.com/2025/10/dama...
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...
comparativepatentremedies.blogspot.com
October 30, 2025 at 3:28 PM
Damages for Industrial Property Infringement in France: comparativepatentremedies.blogspot.com/2025/10/dama...
Judge Connolly on Willful Infringement: comparativepatentremedies.blogspot.com/2025/10/judg...
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...
comparativepatentremedies.blogspot.com
October 27, 2025 at 2:48 PM
Judge Connolly on Willful Infringement: comparativepatentremedies.blogspot.com/2025/10/judg...
The EWHC’s Ex Parte Order Against InterDigital: comparativepatentremedies.blogspot.com/2025/10/the-...
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...
comparativepatentremedies.blogspot.com
October 24, 2025 at 12:17 AM
The EWHC’s Ex Parte Order Against InterDigital: comparativepatentremedies.blogspot.com/2025/10/the-...
Jüngst and Schroeder on Damages for Wrongly-Issue Preliminary Injunctions in the UPC: comparativepatentremedies.blogspot.com/2025/10/jung...
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 ...
comparativepatentremedies.blogspot.com
October 20, 2025 at 4:46 PM
Jüngst and Schroeder on Damages for Wrongly-Issue Preliminary Injunctions in the UPC: comparativepatentremedies.blogspot.com/2025/10/jung...
Merges on Lost Profits and Reasonable Royalties: comparativepatentremedies.blogspot.com/2025/10/merg...
Merges on Lost Profits and Reasonable Royalties
Rob Merges’ paper Lost Profits and Reasonable Royalties: Two Distinct Remedies for Two Separate Harms , 40 Berkeley Tech. L.J. 323 (2025),...
comparativepatentremedies.blogspot.com
October 16, 2025 at 6:19 PM
Merges on Lost Profits and Reasonable Royalties: comparativepatentremedies.blogspot.com/2025/10/merg...
Harvard JOLT Issue on IP Remedies: comparativepatentremedies.blogspot.com/2025/10/harv...
Harvard JOLT Issue on IP Remedies
Volume 38, Issue 3 of the Harvard Journal of Law & Technology is titled “The Role of Intellectual Property Remedies in the Global Innovation...
comparativepatentremedies.blogspot.com
October 14, 2025 at 3:28 PM
Harvard JOLT Issue on IP Remedies: comparativepatentremedies.blogspot.com/2025/10/harv...
Bonadio and Solanki on Interim FRAND Licenses: comparativepatentremedies.blogspot.com/2025/10/bona...
Bonadio and Solanki on Interim FRAND Licenses
Enrico Bonadio and Arjun Solanki have just published The emergence of FRAND interim licences , 47 EIPR 592 (2025). The article provides an...
comparativepatentremedies.blogspot.com
October 9, 2025 at 3:33 PM
Bonadio and Solanki on Interim FRAND Licenses: comparativepatentremedies.blogspot.com/2025/10/bona...
The UPC and Munich Anti-Interim License Injunctions: comparativepatentremedies.blogspot.com/2025/10/the-...
The UPC and Munich Anti-Interim License Injunctions
As I noted on Friday, following reports elsewhere, the Mannheim Local Division of the Unified Patent Court and the Munich Regional Court b...
comparativepatentremedies.blogspot.com
October 6, 2025 at 1:36 PM
The UPC and Munich Anti-Interim License Injunctions: comparativepatentremedies.blogspot.com/2025/10/the-...
UPC and Munich Courts Enter Anti-Interim License Injunctions: comparativepatentremedies.blogspot.com/2025/10/upc-...
UPC and Munich Courts Enter Anti-Interim License Injunctions
This news broke yesterday on ip fray ( here and here ) and on IAM . The Mannheim Local Division of the UPC and the Munich Regional Court h...
comparativepatentremedies.blogspot.com
October 3, 2025 at 1:46 PM
UPC and Munich Courts Enter Anti-Interim License Injunctions: comparativepatentremedies.blogspot.com/2025/10/upc-...
Federal Circuit Affirms Award of Nominal Damages: comparativepatentremedies.blogspot.com/2025/10/fede...
Federal Circuit Affirms Award of Nominal Damages
The case is Rex Medical, L.P. v. Intuitive Surgical, Inc. , precedential opinion by Judge Stoll, joined by Judges Dyk and Prost. Rex sued ...
comparativepatentremedies.blogspot.com
October 2, 2025 at 5:53 PM
Federal Circuit Affirms Award of Nominal Damages: comparativepatentremedies.blogspot.com/2025/10/fede...