Prof. Cotter's Book on Comparative Patent Remedies Quoted by Canadian Court of Appeal
In an opinion handed down in Apotex v. Merck, 2015 FCA 171, the Federal Court of Appeal (Canada) quoted with favor a portion of Professor Thomas Cotter's book, Comparative Patent Remedies: A Legal and Economic Analysis (Oxford Univ. Press 2013). In the book, Cotter argues that noninfringing alternatives should be relevant to the calculation of lost profits for patent infringement, a position with which the Canadian court agrees.