IP Update

Dow succeeds on major issues in patent infringement profits case

by Daniel Hnatchuk

The Federal Court has issued their Public Judgment and Reasons concerning the financial compensation to be paid as a result of earlier patent infringement and validity proceedings between Dow Chemical Company and NOVA Chemicals Corporation.

In his reasons, Justice Fothergill considered a number of significant and novel issues relating to patent infringement remedies and, in particular the accounting of profits remedy available in Canadian patent infringement litigation. The final quantum of the award is still before the courts, but is expected to be one of the largest ever awarded in a Canadian patent case.

Steven GarlandJeremy WantColin IngramDaniel Davies and Kevin Graham of Smart & Biggar acted as co-counsel on behalf of Dow.

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