Nova Chemicals Corp. v. Dow Chemical Co., 2022 SCC 43
| Jurisdiction | Federal Jurisdiction (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 |
| Court | Supreme Court (Canada) |
| Docket Number | 39439 |
| Date | 18 November 2022 |
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16 practice notes
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Greenblue Urban North America Inc. v. Deeproot Green Infrastructure, LLC, 2023 FCA 184
...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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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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Hapag-Lloyd Aktiengesellschaft v. Golden Trust Trading Inc., 2022 FC 1766
...Chemicals Corporation v Dow Chemical Company, 2020 FCA 141 at paragraphs 165–175, [2021] 1 FCR 551, affirmed on other grounds by 2022 SCC 43. [26] In this case, the breach is continuous. It is therefore appropriate to use the exchange rate as of the date of this judgment, which is 1.......
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5 cases
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Greenblue Urban North America Inc. v. Deeproot Green Infrastructure, LLC, 2023 FCA 184
...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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Hapag-Lloyd Aktiengesellschaft v. Golden Trust Trading Inc., 2022 FC 1766
...Chemicals Corporation v Dow Chemical Company, 2020 FCA 141 at paragraphs 165–175, [2021] 1 FCR 551, affirmed on other grounds by 2022 SCC 43. [26] In this case, the breach is continuous. It is therefore appropriate to use the exchange rate as of the date of this judgment, which is 1.......
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IFP Technologies (Canada) Inc v EnCana Midstream and Marketing,
...Very recently, the Supreme Court of Canada allowed the appeal from the Federal Court’s decision in Nova (2022 SCC 43). While that decision was closely focused on the patent infringement context and I appreciate that the parties have not had the benefit of making submissions on it, I ......
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Crocs Canada, Inc. v. Double Diamond Distribution Ltd, 2023 FC 184
...Nova Chemicals Corporation v Dow Chemical Company, 2017 FCA 25 [Nova FCA 2017] at para 12 (appeal dismissed on different grounds: 2022 SCC 43). Awarding lump sum costs avoids granular analyses that devolve into an accounting exercise: Nova FCA 2017, above at paras 11 and 15. [10] While Chie......
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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 ......
-
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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