Tom Cotter
@thomascotter1.bsky.social
📤 201
đź“Ą 185
đź“ť 131
Taft Professor of Law, University of Minnesota
Guest Post: Roya Ghafele on "The Global Patent Chess Game":
comparativepatentremedies.blogspot.com/2026/05/gues...
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Guest Post: Roya Ghafele on "The Global Patent Chess Game"
Editor's note: This will be my last post before going on holiday. I plan to resume blogging the week of June 15. This weekend, however...
https://comparativepatentremedies.blogspot.com/2026/05/guest-post-roya-ghafele-on-global.html
5 days ago
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Questions Surrounding Awards of Monetary Relief for Trade Secret Misappropriation:
comparativepatentremedies.blogspot.com/2026/05/ques...
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Questions Surrounding Awards of Monetary Relief for Trade Secret Misappropriation
One of my upcoming projects is to write something on trade secret damages—with a primary focus on U.S. law, where in the past few years ...
https://comparativepatentremedies.blogspot.com/2026/05/questions-surrounding-awards-of.html
6 days ago
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Zhang and Geng on Regional SEP Royalty Discounts:
comparativepatentremedies.blogspot.com/2026/05/zhan...
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Zhang and Geng on Regional SEP Royalty Discounts
Zhang Guangliang and Geng Bang have published an article titled A Study on Regional Discounts on SEP Royalty Rates , China Patents & T...
https://comparativepatentremedies.blogspot.com/2026/05/zhang-and-geng-on-regional-sep-royalty.html
9 days ago
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Judge Gilstrap’s Opinion in Collision v. Samsung:
comparativepatentremedies.blogspot.com/2026/05/judg...
14 days ago
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It's official. I now have two hard-copy books out this year.
20 days ago
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Federal Circuit Reverses Fee Award:
comparativepatentremedies.blogspot.com/2026/05/fede...
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Federal Circuit Reverses Fee Award
The precedential decision, released this morning, is mCom IP, LLC v. City National Bank of Florida , opinion by Judge Taranto joined by Jud...
https://comparativepatentremedies.blogspot.com/2026/05/federal-circuit-reverses-fee-award.html
20 days ago
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Chao on Real Hypothetical Negotiations:
comparativepatentremedies.blogspot.com/2026/05/chao...
22 days ago
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As Many as Three Incompatible FRAND Judgments Before Breakfast:
comparativepatentremedies.blogspot.com/2026/05/as-m...
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As Many as Three Incompatible FRAND Judgments Before Breakfast
Within the past week, there have been three judgments rendered in the ongoing FRAND dispute between ZTE and Samsung. Â (For discussion on th...
https://comparativepatentremedies.blogspot.com/2026/05/as-many-as-three-incompatible-frand.html
29 days ago
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Landmark German Case on Patent Damages, Part 2:
comparativepatentremedies.blogspot.com/2026/05/land...
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Landmark German Case on Patent Damages, Part 2
Continuing my discussion from Wednesday of the Judgment of the Munich Regional Court of Apr. 16, 2026, 7 O8367/25 , the second portion of ...
https://comparativepatentremedies.blogspot.com/2026/05/landmark-german-case-on-patent-damages.html
about 1 month ago
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Landmark German Case on Patent Damages, Part 1:
comparativepatentremedies.blogspot.com/2026/04/land...
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Landmark German Case on Patent Damages, Part 1
Earlier this week, ip fray published a post discussing and excerpting a recent decision of the Seventh Chamber of the Munich I Regional Cou...
https://comparativepatentremedies.blogspot.com/2026/04/landmark-german-case-on-patent-damages.html
about 1 month ago
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Wrongful Patent Assertion: A Comparative Law and Economics Analysis:
comparativepatentremedies.blogspot.com/2026/04/wron...
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Wrongful Patent Assertion: A Comparative Law and Economics Analysis
I am pleased to announce that the online edition of my new book, Wrongful Patent Assertion: A Comparative Law and Economics Analysis (Ox...
https://comparativepatentremedies.blogspot.com/2026/04/wrongful-patent-assertion-comparative.html
about 1 month ago
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Kapischke on Interim Licenses and AILIs:
comparativepatentremedies.blogspot.com/2026/04/kapi...
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Kapischke on Interim Licenses and AILIs
Justus Kapischke has published an article titled Interim Licences and Anti-Interim-Licence Injunctions: Â Semi-strict non-interference or ru...
https://comparativepatentremedies.blogspot.com/2026/04/kapischke-on-interim-licenses-and-ailis.html
about 1 month ago
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China and ASIs:
comparativepatentremedies.blogspot.com/2026/04/chin...
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China and ASIs
I don’t think I have previously this mentioned on this blog, but Professor Tim Holbrook and I have signed a contract with Oxford University ...
https://comparativepatentremedies.blogspot.com/2026/04/china-and-asis.html
about 2 months ago
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FRAND in Japan:
comparativepatentremedies.blogspot.com/2026/03/fran...
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FRAND in Japan
As I note in my forthcoming book Wrongful Patent Assertion , in 2014 a Grand Panel of the IP High Court held, in Samsung Elecs. Co., Ltd...
https://comparativepatentremedies.blogspot.com/2026/03/frand-in-japan.html
2 months ago
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UPC’s Hamburg L.D. Concludes that Infringing Offer Caused No Proven Damages:
comparativepatentremedies.blogspot.com/2026/03/upcs...
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UPC’s Hamburg L.D. Concludes that Infringing Offer Caused No Proven Damages
The decision is Fives ECL v. REEL GmbH , UPC_CFI_274/2023 , issued on February 11, 2026. Â The decision is the subject of a recent blog ...
https://comparativepatentremedies.blogspot.com/2026/03/upcs-hamburg-ld-concludes-that.html
3 months ago
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Federal Circuit Reverses Judgment Awarding Extraterritorial Damages:
comparativepatentremedies.blogspot.com/2026/03/fede...
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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...
https://comparativepatentremedies.blogspot.com/2026/03/federal-circuit-reverses-judgment.html
3 months ago
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Federal Circuit Authorizes Royalty Calculation Based on Nonpatented Articles:
comparativepatentremedies.blogspot.com/2026/03/fede...
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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...
https://comparativepatentremedies.blogspot.com/2026/03/federal-circuit-authorizes-royalty.html
3 months ago
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Herr, Alymov & Nothmann on Whether the UPC Can Set Global FRAND Rates:
comparativepatentremedies.blogspot.com/2026/03/herr...
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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...
https://comparativepatentremedies.blogspot.com/2026/03/herr-alymov-nothmann-on-whether-upc-can.html
3 months ago
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EU Requests WTO Panel to Determine Legality of Global FRAND Determinations in China:
comparativepatentremedies.blogspot.com/2026/03/eu-r...
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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...
https://comparativepatentremedies.blogspot.com/2026/03/eu-requests-wto-panel-to-determine.html
3 months ago
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Judge Albright’s Order in BMW v. Onesta:
comparativepatentremedies.blogspot.com/2026/02/judg...
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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...
https://comparativepatentremedies.blogspot.com/2026/02/judge-albrights-order-in-bmw-v-onesta.html
3 months ago
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Aggregate Royalties for Cellular SEPs:
comparativepatentremedies.blogspot.com/2026/02/aggr...
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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 ...
https://comparativepatentremedies.blogspot.com/2026/02/aggregate-royalties-for-cellular-seps.html
4 months ago
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New EC Study on IPRED:
comparativepatentremedies.blogspot.com/2026/02/new-...
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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...
https://comparativepatentremedies.blogspot.com/2026/02/new-ec-study-on-ipred.html
4 months ago
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Johnson on Assessments of Patent Damages in the U.K.:
comparativepatentremedies.blogspot.com/2026/01/john...
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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: Â General Tire and a history...
https://comparativepatentremedies.blogspot.com/2026/01/johnson-on-assessments-of-patent.html
4 months ago
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German Federal Supreme Court Rejects HMD’s Appeal:
comparativepatentremedies.blogspot.com/2026/01/germ...
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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...
https://comparativepatentremedies.blogspot.com/2026/01/german-federal-supreme-court-rejects.html
4 months ago
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Gervais on Territoriality and Global FRAND Rate-Setting:
comparativepatentremedies.blogspot.com/2026/01/gerv...
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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 ...
https://comparativepatentremedies.blogspot.com/2026/01/gervais-on-territoriality-and-global.html
5 months ago
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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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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...
https://comparativepatentremedies.blogspot.com/2026/01/judge-albright-enjoins-onesta-from.html
5 months ago
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UPC Court of Appeal Reverses Moral Prejudice Damages Award:
comparativepatentremedies.blogspot.com/2026/01/upc-...
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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....
https://comparativepatentremedies.blogspot.com/2026/01/upc-court-of-appeal-reverses-moral.html
5 months ago
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Federal Circuit Reverses Injunction, Reverses and Remands on Willfulness:
comparativepatentremedies.blogspot.com/2026/01/fede...
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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...
https://comparativepatentremedies.blogspot.com/2026/01/federal-circuit-reverses-injunction.html
5 months ago
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EWHC: Acer, ASUS, and Hisense Are Entitled to Declarations of Interim Licenses:
comparativepatentremedies.blogspot.com/2025/12/ewhc...
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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...
https://comparativepatentremedies.blogspot.com/2025/12/ewhc-acer-asus-and-hisense-are-entitled.html
6 months ago
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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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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 . Â When BSH v Electrolux came out earlier this year (see my blog post ...
https://comparativepatentremedies.blogspot.com/2025/12/judge-albright-issues-antisuit-tro.html
6 months ago
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Criminal Contempt in Munich:
comparativepatentremedies.blogspot.com/2025/12/crim...
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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 ...
https://comparativepatentremedies.blogspot.com/2025/12/criminal-contempt-in-munich.html
6 months ago
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AIPPI 2025 Study Question Q296: Preliminary Injunctions: Requirements for compensating damage suffered by defendant:
comparativepatentremedies.blogspot.com/2025/12/aipp...
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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: Â A Comparative Law and Economics Analysis ...
https://comparativepatentremedies.blogspot.com/2025/12/aippi-2025-study-question-q296.html
6 months ago
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UPC Court of Appeal Invokes Proportionality in Approving Injunction Carve-Out:
comparativepatentremedies.blogspot.com/2025/12/upc-...
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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 ...
https://comparativepatentremedies.blogspot.com/2025/12/upc-court-of-appeal-invokes.html
6 months ago
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Alba, Helmers and Love on Octane Fitness’ Effect on PAEs and Innovation:
comparativepatentremedies.blogspot.com/2025/12/alba...
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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: Â The Role of Fee-Shiftin...
https://comparativepatentremedies.blogspot.com/2025/12/alba-helmers-and-love-on-octane-fitness.html
6 months ago
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My Book "Remedies in Intellectual Property Law" Is Now Available for Pre-Order:
comparativepatentremedies.blogspot.com/2025/11/my-b...
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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 ...
https://comparativepatentremedies.blogspot.com/2025/11/my-book-remedies-in-intellectual.html
6 months ago
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MĂĽller-Stoy and Lepschy on BSH v. Electrolux:
comparativepatentremedies.blogspot.com/2025/11/mull...
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MĂĽller-Stoy and Lepschy on BSH v. Electrolux
Tilman MĂĽller-Stoy and Paul Lepschy have published an article titled Practical Implications of BSH v Electrolux for resolving global patent ...
https://comparativepatentremedies.blogspot.com/2025/11/muller-stoy-and-lepschy-on-bsh-v.html
6 months ago
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Conference on the Intellectual Property Rights Enforcement Directive:
comparativepatentremedies.blogspot.com/2025/11/conf...
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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...
https://comparativepatentremedies.blogspot.com/2025/11/conference-on-intellectual-property.html
7 months ago
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Federal Circuit Vacates Lost Profits Award:
comparativepatentremedies.blogspot.com/2025/11/fede...
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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 ...
https://comparativepatentremedies.blogspot.com/2025/11/federal-circuit-vacates-lost-profits.html
7 months ago
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EWCA Vacates Declaration of Interim License in Samsung v. ZTE:
comparativepatentremedies.blogspot.com/2025/11/ewca...
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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 ...
https://comparativepatentremedies.blogspot.com/2025/11/ewca-vacates-declaration-of-interim.html
7 months ago
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Damages for Industrial Property Infringement in France:
comparativepatentremedies.blogspot.com/2025/10/dama...
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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...
https://comparativepatentremedies.blogspot.com/2025/10/damages-for-industrial-property.html
7 months ago
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Judge Connolly on Willful Infringement:
comparativepatentremedies.blogspot.com/2025/10/judg...
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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...
https://comparativepatentremedies.blogspot.com/2025/10/judge-connolly-on-willful-infringement.html
7 months ago
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The EWHC’s Ex Parte Order Against InterDigital:
comparativepatentremedies.blogspot.com/2025/10/the-...
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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...
https://comparativepatentremedies.blogspot.com/2025/10/the-ewhcs-ex-parte-order-against.html
7 months ago
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JĂĽngst and Schroeder on Damages for Wrongly-Issue Preliminary Injunctions in the UPC:
comparativepatentremedies.blogspot.com/2025/10/jung...
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JĂĽngst 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 ...
https://comparativepatentremedies.blogspot.com/2025/10/jungst-and-schroeder-on-damages-for.html
8 months ago
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Merges on Lost Profits and Reasonable Royalties:
comparativepatentremedies.blogspot.com/2025/10/merg...
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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),...
https://comparativepatentremedies.blogspot.com/2025/10/merges-on-lost-profits-and-reasonable.html
8 months ago
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Harvard JOLT Issue on IP Remedies:
comparativepatentremedies.blogspot.com/2025/10/harv...
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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...
https://comparativepatentremedies.blogspot.com/2025/10/harvard-jolt-issue-on-ip-remedies.html
8 months ago
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Bonadio and Solanki on Interim FRAND Licenses:
comparativepatentremedies.blogspot.com/2025/10/bona...
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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...
https://comparativepatentremedies.blogspot.com/2025/10/bonadio-and-solanki-on-interim-frand.html
8 months ago
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The UPC and Munich Anti-Interim License Injunctions:
comparativepatentremedies.blogspot.com/2025/10/the-...
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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...
https://comparativepatentremedies.blogspot.com/2025/10/the-upc-and-munich-anti-interim-license.html
8 months ago
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UPC and Munich Courts Enter Anti-Interim License Injunctions:
comparativepatentremedies.blogspot.com/2025/10/upc-...
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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...
https://comparativepatentremedies.blogspot.com/2025/10/upc-and-munich-courts-enter-anti.html
8 months ago
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Federal Circuit Affirms Award of Nominal Damages:
comparativepatentremedies.blogspot.com/2025/10/fede...
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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. Â Rex sued ...
https://comparativepatentremedies.blogspot.com/2025/10/federal-circuit-affirms-award-of.html
8 months ago
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2024 US-China Patent Valuation and Damages Workshop:
comparativepatentremedies.blogspot.com/2025/09/2024...
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2024 US-China Patent Valuation and Damages Workshop
A workshop report titled The 2024 Patent Valuation and Damages Workshop: A US-China Comparative Law Perspective is available on ssrn, and s...
https://comparativepatentremedies.blogspot.com/2025/09/2024-us-china-patent-valuation-and.html
8 months ago
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