Remedies in U.S. Patent Law
third 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 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.

1. Injunctive Relief
1.1. Permanent Injunctions
1.2. Preliminary Injunctions
1.2.1. Problems on Injunctions
1.3. ITC Exclusion Orders
2. 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
3. Declaratory Judgments
3.1. Background and Problem 9
3.2. Declaratory Judgments: MedImmune and Beyond

Thomas F. Cotter is the Taft Stettinius & Hollister Professor of Law and Associate Dean for Research and Planning at the University of Minnesota Law School. 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 several books, including Patent Wars: How Patents Impact Our Daily Lives (2018), and Comparative Patent Remedies:  A Legal and Economic Analysis (2013), both published by Oxford University Press.  Professor Cotter has published approximately 70 other scholarly works, including articles in the California Law Review and the Georgetown Law Journal, and over 1,400 posts on his blog,  Professor Cotter served as an Innovators Network Foundation Intellectual Property Fellow from 2018-21, and was elected to the American Law Institute in 2020.

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.