Professor Thomas F. Cotter joined the University of Minnesota Law School faculty in 2006. He received his B.S. and M.S. degrees in economics from the University of Wisconsin-Madison, and in 1987 graduated magna cum laude from the University of Wisconsin Law School, where he served as Senior Articles Editor of the Wisconsin Law Review and was elected to the Order of the Coif.
From 1987-89, Professor Cotter clerked for the Honorable Lawrence W. Pierce, United States Court of Appeals for the Second Circuit. He practiced law at Cravath, Swaine & Moore in New York City from 1988-90, and at Jenner & Block in Chicago from 1990-94. From 1994-2005, he taught at the University of Florida College of Law, where he held a University of Florida Research Foundation Professorship and directed the school's Intellectual Property Law Program. From 2005-06, he was a Professor of Law at Washington and Lee University School of Law.
Professor Cotter's principal research and teaching interests are in the fields of domestic and international intellectual property law, antitrust, and law and economics. He is the author of three books—Comparative Patent Remedies: A Legal and Economic Analysis (Oxford University Press, forthcoming February 2013); Trademarks, Unfair Competition, and Business Torts (coauthored with Barton Beebe, Mark A. Lemley, Peter S. Menell, and Robert P. Merges) (Aspen Publishers 2011); and Intellectual Property: Economic and Legal Dimensions of Rights and Remedies (coauthored with Roger D. Blair) (Cambridge University Press 2005)—and has recently agreed to coauthor (with Jeffrey L. Harrison) a fourth, Law and Economics: Positive, Normative, and Behavioral Perspectives (3d ed., Thomson West, forthcoming 2013). Altogether he has authored or coauthored over 40 other scholarly works, including articles in the California Law Review, the Georgetown Law Journal, the Iowa Law Review, the Minnesota Law Review, and the University of Illinois Law Review.
A Comparative Law and Economics Analysis of Damages for Patent Infringement, in Comparative Law and Economics (Theodore Eisenberg & Giovanni Battista Ramelo, eds., Edward Elgar Publishing, forthcoming 2014)
Innovation and Antitrust Policy, in Oxford Handbook on International Antitrust Economics (Roger D. Blair & D. Daniel Sokol, eds., Oxford University Press, forthcoming 2014)
A Research Agenda for the Comparative Law and Economics of Patent Remedies, in Patent Law in Global Perspective 637 (Ruth L. Okediji & Margo A. Bagley, eds., Oxford University Press, 2014)
Intellectual Property and the Essential Facilities Doctrine, 44 Antitrust Bulletin 211 (1999), reprinted in The Economics of Intellectual Property 177-216 (Ruth Towse & Rudi W. Holzhauer, eds., Edward Elgar Publishing, 2002))
When the State Steals Ideas: Is the Abrogation of State Sovereign Immunity from Infringement Claims Constitutional in Light of Seminole Tribe?, 67 Fordham Law Review 1435 (1999)
(with Christina Bohannan)
Evaluating the Pro- and Anticompetitive Effects of Intellectual Property Protection, 5 The Antitrust Source (Mar. 2006) (reviewing Antitrust, Patents and Copyright: EU and US Perspectives (Francois Leveque & Howard Shelanski, eds., Edward Elgar Publishing, 2005))
Law, Economics, and Intellectual Property, 3 The Antitrust Source (Mar. 2004) (reviewing William M. Landes & Richard A. Posner, The Economic Structure of Intellectual Property Law (Harvard University Press, 2003))
Pragmatism (Update), in 4 Encyclopedia of the American Constitution (Supplement) 1983-84 (Leonard W. Levy & Kenneth J. Karst, eds., Macmillan Reference USA, 2d ed., 2000)
Basic Copyright: Law of the Arts 101, in 2011 Art, Entertainment & Sports Law Institute (Minnesota Continuing Legal Education, 2011)
Introduction to the Antitrust Laws and the Intersection of Antitrust and Intellectual Property, in Antitrust Law Issues in Intellectual Property Litigation and Licensing (Minnesota Continuing Legal Education, 2011)
False Patent Marking Claims after Bon Tool: Patent Marking "Trolls" or Guardians of the Patent System?, in The 2010 Midwest Intellectual Property Institute (Minnesota Continuing Legal Education, 2010)
Hot Topics in Patent Remedies, in The 2009 Midwest Intellectual Property Institute (Minnesota Continuing Legal Education, 2009)
(with Devan V. Padmanabhan)
Civil Procedure and Jurisdiction, in 1997 Business Litigation Conference Certification Review Course (Florida Bar Continuing Legal Education Committee and Business Law Section, Apr. 17-18, 1997)
Civil Procedure and Jurisdiction, in 1996 Business Litigation Certification Review Course (Florida Bar Continuing Legal Education Committee and Business Law Section, Apr. 26-27, 1996)
Not Fare Well, But Fare Forward, Voyagers, 10 Journal of Technology Law & Policy ix-xii (2005)
Introduction to Symposium on Intellectual Property, Development, and Human Rights, 14 Florida Journal of International Law 147 (2002)