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

Patents Court of England and Wales Cites Prof. Cotter's Article on Extraterritorial Damages

A recent decision by Mrs. Justice Bacon of the Patents Court of England and Wales, Anan Kasei Co. Ltd v. Neo Chemicals & Oxides (Europe) Ltd, [2022] EWHC 708 (Ch) (Mar. 29, 2022), holds that a patent owner can recover lost profits on sales it would have made in another country, but for a defendant’s predicate act of domestic infringement, subject to application of the doctrine of proximate cause.  In so holding, the court cited, in paragraph 106, Professor Tom Cotter's recent article Extraterritorial Damages in Patent Law, 39 Cardozo Arts & Entertainment Law Journal 1 (2021).