Federal Court Quotes Professor Cotter's Comparison of Patent Law's Standing Doctrine to Frankenstein's Monster
In two recent decisions, Uniloc USA, Inc. v. Motorola Mobility LLC, 2020 WL 7771219 (D. Del. Dec. 30, 3030), and ChromaDex, Inc. v. Elysium Health, Inc., ___ F.Supp.3d ___, 2020 WL 7360212 (D. Del. Dec. 17, 2020), U.S. District Judge Colm F. Connolly cited Professor Thomas Cotter's article, coauthored with Roger D. Blair, titled The Elusive Logic of Standing Doctrine in Intellectual Property Law, 74 Tulane Law Review 1323 (2000). On both occasions, Judge Connolly cited the article for its statement that “the standing rules in [patent] law appear to be as much a patchwork as Dr. Frankenstein's monster, and only marginally more coherent.”