Delaware Court Cites Professor Cotter

In his May 5, 2025 decision in Bayer Cropscience LP v. Corteva, Inc., C.A. No. N22C-07-168-SKR CCLD, 2025 WL 1503764 (Del. Super. Ct.),  Judge Sheldon Rennie held that the U.S. Supreme Court's 1964 decision in Brulotte v. Thys Co. invalidated plaintiff Bayer's contractual claim for royalties accruing after expiration of Bayer's '877 Patent.  Judge Rennie nevertheless notes that the "Court joins the long list of cases, treatises, and commentators to critique Brulotte's bright-line rule," and cites as one of the critical commentaries Professor Tom Cotter's article Four Questionable Rationales for the Patent Misuse Doctrine, 12 Minn. J. L. Sci. & Tech. 457 (2011).  

Professor Thomas Cotter is the Taft Stettinius & Hollister Professor of Law.