07 July 2017
Reporter: Mark Dugdale

$645 million for Dow in largest ever Canadian patent award

The Federal Court has issued Nova Chemicals Corporation to pay $645 million to Dow Chemical Company for patent infringement, the largest ever awarded in Canada.

The case surrounded Dow’s patent for fabricated articles made from polymer blends, which are used in polyethylene compositions, such as heavy duty bags and food packaging.

Dow alleged that Nova’s own polymers infringed its patent. The Federal Court sided with Dow, upholding the validity of the patent and finding Nova guilty of infringement.

Nova then took its appeal to the Federal Court of Appeal, which upheld the earlier decision and denied Nova the opportunity to appeal to the Supreme Court of Canada.

In a statement, Nova said it is “disappointed” in the Federal Court’s $645 million award and believes it is “over-inclusive relative to the term of Dow’s patent and profits attributable to Nova’s accused Surpass resins”.

“The Canadian court’s decisions are inconsistent with the US court decision that held the corresponding Dow US patents 5847053 and 6111023 to be invalid. Nova Chemicals plans to appeal the decisions.”

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