Court of Appeal for England and Wales Cites Professor Cotter's Article on Extraterritorial Patent Damages

On January 17, 2023, the Court of Appeal for England and Wales handed down its decision in Anan Kasei Co. v. Neo Chemicals & Oxides (Europe) Ltd.  In his opinion for the court, Lord Justice Richard Arnold cites Professor Thomas Cotter's article Extraterritorial Damages in Patent Law, 39 Cardozo Arts & Entertainment Law Journal 1 (2021), stating "Prof Cotter argues that patent owners should be able to recover damages for extraterritorial losses subject to three limiting principles: first, the domestic infringement must be the cause-in-fact (or "but for" cause) of the defendants' subsequent foreign sales; secondly, the patent owner cannot recover damages unless those sales are also proximately caused by the domestic infringement; and thirdly, there must no double recovery if the patent owner has obtained damages in a foreign jurisdiction. This analysis is consistent with my own conclusion."