Nova Chemicals Corp. v. Dow Chemical Co.
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Supreme Court (Canada) |
| Judge | Wagner, Richard; Moldaver, Michael J.; Karakatsanis, Andromache; Côté, Suzanne; Brown, Russell; Rowe, Malcolm; Martin, Sheilah; Kasirer, Nicholas; Jamal, Mahmud |
| Citation | 2022 SCC 43 |
| Date | 18 November 2022 |
| Docket Number | 39439 |
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29 practice notes
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Table of cases
...253, 254, 710 Nottingham Building Society v Eurodynamics Systems, [1993] FSR 468 .......... 94 Nova Chemicals Corp v Dow Chemical Corp, 2022 SCC 43 ............................ 628 Nova Scotia (Attorney General) v Beaver (1985), 67 NSR (2d) 281, 18 DLR (4th) 287, 32 CCLT 170 (SCAD) ..............
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Table of Cases
...Health and Welfare) 1994, 75 FTR 111 (TD) ............................................... 14 Nova Chemicals Corp v Dow Chemical Co, 2022 SCC 43 ...............................176 Novo Nordisk Canada Inc v Canada (Health), 2019 FC 822 ................53, 54, 220 322 The Regulation of Drugs i......
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Equitable Damages
...has been recognized in the application of an accounting of proits, also an equitable remedy. See Nova Chemicals Corp v Dow Chemical Corp , 2022 SCC 43 at para 49 for the majority and at para 89 for Côté J in dissent. 46 Cadbury Schweppes Inc v FBI Foods Ltd , [1999] 1 SCR 142 [ Cadbury Schw......
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Patenting of Pharmaceutical Products
...omitted]. 10 Free World Trust v Électro Santé Inc , 2000 SCC 66 at para 42. 11 Ibid at para 13. 12 Nova Chemicals Corp v Dow Chemical Co , 2022 SCC 43 at para 43 [citations omitted]. he Patent Act is designed to encourage research and development. It does this through the “patent bargain”: ......
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15 cases
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Greenblue Urban North America Inc. v. Deeproot Green Infrastructure, LLC
...costs approach endorsed by this Court in Nova Chemicals Corporation v. Dow Chemical Co., 2020 FCA 141, [2021] 1 F.C.R. 551, aff’d 2022 SCC 43 [Nova Chemicals (F.C.A.)]. The Supreme Court did not deal with the total costs issue (see Nova Chemicals SCC at para. 16). The Federal Court d......
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Adeia Guides Inc. v. Videotron Ltd., 2025 FC 1725
...principle that damages for patent infringement must be “casually attributable to infringement” (Nova Chemicals Corp v Dow Chemical Co, 2022 SCC 43 [Nova Chemicals Corp] at para 7). As such, damages in the form of loss license royalty should only be granted for those patents that are found v......
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2024 BCSC 1436
...breaches of fiduciary duties with the utmost seriousness. Deterrence flows from disgorgement: Nova Chemicals Corp. v. Dow Chemical Co., 2022 SCC 43 at para. 47. Where shares are the benefit which the fiduciary has obtained through their breach, deterrence is served by the removal of that be......
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0928772 B.C. Ltd v Ross
...breaches of fiduciary duties with the utmost seriousness. Deterrence flows from disgorgement: Nova Chemicals Corp. v. Dow Chemical Co., 2022 SCC 43 at para. 47. Where shares are the benefit which the fiduciary has obtained through their breach, deterrence is served by the removal of that be......
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11 firm's commentaries
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2022 Year In Review: IP Litigation
...Accounting of Profits for Patent Infringement The Supreme Court of Canada issued its decision in Nova Chemicals Corp v Dow Chemical Co, 2022 SCC 43 which focused on the correct approach to quantifying accounting of profits for patent infringement. The Court articulated a three-step test to ......
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Canadian Patent Law 2022: A Year In Review
...the Supreme Court even weighing in on the issue. Springboard profits are legally permissible In Nova Chemicals Corp v Dow Chemical Co, 2022 SCC 43, the Supreme Court affirmed the largest reported Canadian patent infringement award in history. During the liability phase, the Federal Court fo......
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Supreme Court Of Canada Affirms Record-setting $645M Patent Infringement Award In Dow v Nova
...and remains the largest reported Canadian patent infringement award in history. Broadly speaking, the Supreme Court's majority decision (2022 SCC 43) addresses the principles that should govern the calculation of a plaintiff's recovery under the accounting of profits remedy. The decision co......
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Supreme Court Clarifies Accounting Of Profits Remedy In Patent Infringement Cases
...18, 2022, the Supreme Court of Canada ("SCC") released its decision in Nova Chemicals Corp. v. Dow Chemical Co. (2022 SCC 43). This decision upheld the largest monetary award to date in a Canadian patent infringement proceeding, and provided the SCC with an opportunity to clarify the framew......
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4 books & journal articles
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Table of cases
...253, 254, 710 Nottingham Building Society v Eurodynamics Systems, [1993] FSR 468 .......... 94 Nova Chemicals Corp v Dow Chemical Corp, 2022 SCC 43 ............................ 628 Nova Scotia (Attorney General) v Beaver (1985), 67 NSR (2d) 281, 18 DLR (4th) 287, 32 CCLT 170 (SCAD) ..............
-
Table of Cases
...Health and Welfare) 1994, 75 FTR 111 (TD) ............................................... 14 Nova Chemicals Corp v Dow Chemical Co, 2022 SCC 43 ...............................176 Novo Nordisk Canada Inc v Canada (Health), 2019 FC 822 ................53, 54, 220 322 The Regulation of Drugs i......
-
Equitable Damages
...has been recognized in the application of an accounting of proits, also an equitable remedy. See Nova Chemicals Corp v Dow Chemical Corp , 2022 SCC 43 at para 49 for the majority and at para 89 for Côté J in dissent. 46 Cadbury Schweppes Inc v FBI Foods Ltd , [1999] 1 SCR 142 [ Cadbury Schw......
-
Patenting of Pharmaceutical Products
...omitted]. 10 Free World Trust v Électro Santé Inc , 2000 SCC 66 at para 42. 11 Ibid at para 13. 12 Nova Chemicals Corp v Dow Chemical Co , 2022 SCC 43 at para 43 [citations omitted]. he Patent Act is designed to encourage research and development. It does this through the “patent bargain”: ......