Tom Cotter
Associate Dean for Research & Planning
Taft Stettinius & Hollister Professor of Law

Prof. Cotter Quoted in Three Law360 Articles on Patent Damages

Companies that own "standard-essential patents" (SEPs) often commit to license those patents on "fair, reasonable, and nondiscriminatory" (FRAND) terms. Disputes over the meaning of FRAND, and over whether the owner of a FRAND-encumbered SEP can seek an injunction for the infringement of such patents, have increased in intensity over the past year. Professor Tom Cotter was quoted in three recent articles in Law360 concerning these disputes: a dispute between Apple and Samsung in which the U.S. Trade Representative vetoed an injunction; another between Motorola and Microsoft, in which a judge calculated a FRAND royalty; and a third involving a patent assertion entity known as Innovatio IP. All three cases, Cotter suggests, should motivate SEP owners not to "overreach...in their demands."
Read the October 4, 2013, Law360 article.
Read the September 5, 2013, Law360 article.
Read the August 5, 2013, Law360 article.