Canada's Federal Court of Appeal Quotes Prof. Cotter's Book
In its February 2, 2017 opinion Apotex, Inc. v. ADIR, Canada's Federal Court of Appeal quoted with approval Professor Thomas Cotter's 2013 book Comparative Patent Remedies: A Legal and Economic Analysis (Oxford Univ. Press 2013), for the proposition that, in awarding damages for patent infringement, courts should consider whether the defendant could have avoided infringement by using a noninfringing alternative, in order to avoid rendering the patent owner better off than it would have been absent the infringement.