Remedies in U.S. Patent Law
first Edition

Remedies in U.S. Patent Law

by Thomas Cotter

Remedies in U.S. Patent Law:  An Open-Source Casebook is a free, 'open' textbook designed for a one or two-credit course in U.S. patent remedies.  The casebook covers the law of permanent and preliminary injunctions, damages, and declaratory judgments. Thomas Cotter has used these materials for courses on patent remedies that he has taught at the University of Minnesota and the University of Iowa. Instructors may request access to the teacher's manual by emailing cotte034@umn.edu and creating a LawCarta account.  Model syllabi, upon request.

This book is not intended to provide legal advice. The reader should not act or rely upon any information on this site without seeking professional legal counsel.

Professor Thomas F. Cotter joined the University of Minnesota Law School faculty in 2006. He received his B.S. and M.S. degrees in economics from the University of Wisconsin-Madison, and in 1987 graduated magna cum laude from the University of Wisconsin Law School, where he served as Senior Articles Editor of the Wisconsin Law Review and was elected to the Order of the Coif.

From 1987-89, Professor Cotter clerked for the Honorable Lawrence W. Pierce, United States Court of Appeals for the Second Circuit. He practiced law at Cravath, Swaine & Moore in New York City from 1988-90, and at Jenner & Block in Chicago from 1990-94. From 1994-2005, he taught at the University of Florida College of Law, where he held a University of Florida Research Foundation Professorship and directed the school’s Intellectual Property Law Program. From 2005-06, he was a Professor of Law at Washington and Lee University School of Law. In 2007, he was named to a two-year Solly Robins Distinguished Research Fellowship at the University of Minnesota Law School, and in 2008 was named to the Briggs and Morgan Chair in Law.

Professor Cotter’s principal research and teaching interests are in the fields of domestic and international intellectual property law, antitrust, and law and economics. He is the author of six other books—Patent Wars:  How Patents Impact Our Daily Lives (Oxford Univ. Press, 2018); Trademarks, Unfair Competition, and Business Torts (with Barton Beebe, Mark A. Lemley, Peter S. Menell, and Robert P. Merges) (Wolters Kluwer 2d ed., 2016; 1st ed., 2011); Law and Economics: Positive, Normative, and Behavioral Perspectives (with Jeffrey L. Harrison) (3d ed., Thomson West, 2013); Comparative Patent Remedies: A Legal and Economic Analysis (Oxford University Press, 2013); and Intellectual Property: Economic and Legal Dimensions of Rights and Remedies (with Roger D. Blair) (Cambridge University Press 2005). 

Altogether he has authored or coauthored over 60 other scholarly works, including articles in the California Law Review, the Georgetown Law Journal, the Iowa Law Review, the Minnesota Law Review, and the University of Illinois Law Review. He also publishes a blog, ComparativePatentRemedies.com, on the law (both foreign and domestic) and economics of patent remedies. Professor Cotter was appointed an Innovators Network Foundation Intellectual Property Fellow for 2018-19 and 2019-20.

The casebook is made available under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.  In slightly simpler terms, this means that you are free to copy, redistribute, and modify the casebook in part or whole in any format provided that (1) you do so only for non-commercial purposes, (2) you comply with the attribution principles of the license (credit the author, link to the license, and indicate if you’ve made any changes), and (3), in the case of modified versions of the casebook, you distribute any modifications under the same license.

Introduction.
Chapter One. Injunctive Relief
1.1 - Permanent Injunctions
1.2 - Preliminary Injunctions
1.2.1 - Problems on Injunctions
1.3 - ITC Exclusion Orders
Chapter Two. Damages
2.1 - Lost Profits
2.1.1 - Problem on Lost Profits
2.2 - Reasonable Royalties
2.3 - Extraterritoriality
2.3.1 - Problems on Lost Profits, Reasonable Royalties, and Extraterritoriality
2.4 - Ongoing Royalties
2.5 - Defendant’s Profits
2.6 - Attorneys’ Fees
2.7 - Enhanced Damages
2.7.1 - Problem on Enhanced Damages and Attorneys' Fees
2.8 - Pre- and postjudgment Interest
2.9 - Patent Marking
Chapter Three. Declaratory Judgments
3.1 - Background and Problem 9
3.2 - Declaratory Judgments: MedImmune and Beyond