IP Update

Federal Court of Appeal affirms award of legal costs of $6.5 million in patent infringement case

On February 6, 2017, the Federal Court of Appeal affirmed a decision (Docket A-43-16) of the Federal Court concerning a costs award from the liability phase of a patent infringement action between the Dow Chemical Company (“Dow”) and NOVA Chemicals Corporation (“Nova”), 2016 FC 91. The trial judge had awarded Dow a lump sum payment of $6.5 million for its costs consisting of $2.9 million for legal fees and $3.6 million for disbursements. The cost award appears to be the largest reported award that the Federal Court has ever granted in an action for patent infringement.

Steven Garland, Jeremy Want, Colin Ingram, Kevin Graham and Daniel Davies of Smart & Biggar acted as co-counsel on behalf of Dow.

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