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

Canadian Supreme Court Justice Cites Professor Cotter's Work in Dissenting Opinion

On November 18, 2022, the Supreme Court of Canada published its decision in Nova Chemicals Corp. v. Dow Chemical Co., 2022 SCC 43, a patent infringement case.  The principal issue before the Court was the standard for correctly calculating the profit a defendant earns from infringing a plaintiff's patent.  Justice Suzanne Côté dissented from the majority opinion affirming the lower court's resolution of this issue.  In discussing the need to avoid over-deterrent awards, and the appropriate baseline for determining the portion of the defendant's profit caused by the infringement, Justice Côté cited Professor Thomas Cotter's book Comparative Patent Remedies:  A Legal and Economic Analysis (Oxford Univ. Press 2013) three times.  She also twice cited a chapter Professor Cotter coauthored with lead author Christopher Seaman and others, from the edited volume Patent Remedies and Complex Products: Toward a Global Consensus (C. Bradford Biddle et al., Cambridge Univ. Press 2019).