Preface Chapter 1: Introduction What Patents Are International Obligations Benefits and Costs of Patent Systems On Comparative Law and Economics, and the Plan of this Book Identifying Differences and Similarities Positing possible reasons for the differences Positive analysis Normative analysis Chapter 2: A Framework for Patent Remedies The Impact of Infringement Some General Implications Implications: Injunctive Relief Implications: Damages Conclusion Chapter 3: Patent Remedies in the United States Overview: The U.S. Patent and Judicial Systems Patent Remedies: Historical Development Injunctions Damages Damages: Lost Profits Damages: Reasonable Royalties Enhanced Damages Attorneys' Fees, Costs, and Interest Awards of Infringer's Profits in Design Patent Cases Declaratory Judgments Conclusion Chapter 4: Patent Remedies in the United Kingdom, Canada, and Australia Introduction Overview Patent Remedies: An Overview Injunctions Damages Lost Profits Reasonable Royalties Accounting of Defendant's Profits Enhanced Damages, Attorneys' Fees, Interest Declaratory judgments, oppositions, and invalidation proceedings Summary Chapter 5: Patent Remedies in Continental Europe Introduction Overview Remedies Preliminary and Permanent Injunctions Cross-Border Injunctions and Torpedo Actions Damages: General Considerations Damages: Lost Profits Damages: Reasonable Royalties Defendant's Profits Enhanced Damages, Attorneys' Fees, Interest Oppositions, Invalidation Proceedings, and Declaratory Judgments Conclusion Chapter 6: Patent Remedies in Japan Introduction Overview Patent Remedies: An Overview Preliminary Injunctions, Permanent Injunctions, and Border Measures Damages: Overview Lost Profits Reasonable Royalties Defendant's Profits Enhanced Damages, Attorney's Fees, Interest Invalidation Actions and Declaratory Judgments Summary Chapter 7: Patent Remedies in China and Selected Other Patent Systems Introduction China: Overview China: Remedies China: Injunctions China: Damages China: Invalidity Proceedings South Korea and Taiwan India Summary Chapter 8: Conclusion Table of Cases Index
Thomas F. Cotter is the Briggs and Morgan Professor of Law at the University of Minnesota Law School, which he joined in 2006. A graduate of the University of Wisconsin Law School, he clerked for the Honorable Lawrence W. Pierce, United States Court of Appeals for the Second Circuit, from 1987-88. 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. He is the co-author, with Roger Blair, of Intellectual Property: Economic and Legal Dimensions of Rights and Remedies (2005).
"Thomas Cotter in Comparative Patent Remedies has undertaken the formidable, daunting task of describing and comparing the remedies provided in cases of patent infringement for all major patent jurisdictions. Legislative provisions, doctrinal concepts, leading cases, and academic writings from the U.S., the U.K., Canada, Australia, Germany, France, Japan, and China are analyzed in a format that starts with a brief introduction of the patent system and continues with enforcement structures and remedies of injunctive relief and damages. The chapter on Europe also features a discussion of cross-border litigation. With clear writing, an impressive amount of information, and thorough analysis, Cotter's work is a delightful, stimulating read that will be of great interest to patent judges, litigators, and academics alike." --Christopher Heath, Boards of Appeal, European Patent Office and former member of the Max Planck Institute, Munich "Thomas Cotter is the sole author of this book, and although patent, copyright, and trademark laws are complex and oftentimes baffling, he has for the most organized his material in a simple, straightforward way: on the basis of geographic origin of the laws. This book is useful for academics, judges, lawyers, litigators, and anyone in the general public who is interested in this tough subject. It has been written in clear language and it provides a lot of supporting information for the points he makes." -Paiso Jamakar, BizIndia