The Dow Chemical Company v. Nova Chemical Corporation, 2017 FC 637

JurisdictionFederal Jurisdiction (Canada)
Citation2017 FC 637
Subject MatterPATENTS OF INVENTION,COPYRIGHT,DAMAGES,PRACTICE,MINES AND MINERALS
CourtFederal Court (Canada)
Date05 July 2017
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17 practice notes
  • Nova Chemicals Corp. v. Dow Chemical Co., 2022 SCC 43
    • Canada
    • Supreme Court (Canada)
    • November 18, 2022
    ...Ultimately, Nova was ordered to disgorge approximately $644 million to Dow (2017 FC 637). (2)          Federal Court of Appeal Decision, 2020 FCA 141, [2021] 1 F.C.R. 551 [128]           ......
  • Greenblue Urban North America Inc. v. Deeproot Green Infrastructure, LLC, 2023 FCA 184
    • Canada
    • Court of Appeal (Canada)
    • September 13, 2023
    ...[98] The present case is to be distinguished from the approach of the Federal Court in Dow Chemical Company v. Nova Chemicals Corporation, 2017 FC 637, 282 A.C.W.S. (3d) 845, aff’d in 2020 FCA 141. There, based on the evidence of the defendant given on discovery that fixed costs per ......
  • The Best Of The Decade – Canadian Patent Law In The 2010s
    • Canada
    • Mondaq Canada
    • February 18, 2020
    ...concept altogether and pursuing the alternate course of construing the claim." The Dow Chemical Company v Nova Chemical Corporation, 2017 FC 637. The Federal Court awarded a record amount in a patent infringement lawsuit involving polymers used in heavy plastic bags, pallet wrapping and foo......
  • The Best of the Decade – Canadian Patent Law in the 2010s
    • Canada
    • JD Supra Canada
    • February 14, 2020
    ...concept altogether and pursuing the alternate course of construing the claim.” The Dow Chemical Company v Nova Chemical Corporation, 2017 FC 637. The Federal Court awarded a record amount in a patent infringement lawsuit involving polymers used in heavy plastic bags, pallet wrapping and foo......
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4 cases
  • Nova Chemicals Corp. v. Dow Chemical Co., 2022 SCC 43
    • Canada
    • Supreme Court (Canada)
    • November 18, 2022
    ...Ultimately, Nova was ordered to disgorge approximately $644 million to Dow (2017 FC 637). (2)          Federal Court of Appeal Decision, 2020 FCA 141, [2021] 1 F.C.R. 551 [128]           ......
  • Greenblue Urban North America Inc. v. Deeproot Green Infrastructure, LLC, 2023 FCA 184
    • Canada
    • Court of Appeal (Canada)
    • September 13, 2023
    ...[98] The present case is to be distinguished from the approach of the Federal Court in Dow Chemical Company v. Nova Chemicals Corporation, 2017 FC 637, 282 A.C.W.S. (3d) 845, aff’d in 2020 FCA 141. There, based on the evidence of the defendant given on discovery that fixed costs per ......
  • Nova Chemicals Corporation v. Dow Chemicals Company, 2020 FCA 141
    • Canada
    • Court of Appeal (Canada)
    • September 15, 2020
    ...appeal and a cross-appeal from the judgment of the Federal Court in file T-2051-10 (per Fothergill J.): 2017 FC 350, supplementary reasons 2017 FC 637, reasons on costs 2017 FC 759. [2] After argument in this Court, the appeal and the cross-appeal were held in abeyance for a considerable ti......
  • Dow Chemical Company v. Nova Chemicals Corporation, 2017 FC 759
    • Canada
    • Federal Court (Canada)
    • August 8, 2017
    ...Chemical Company v Nova Chemicals Corporation, 2017 FC 350 and supplemental judgment in Dow Chemical Company v Nova Chemicals Corporation, 2017 FC 637 [collectively remedies [2] For the reasons that follow, Dow is awarded costs in the lump sum of $4,355,555.63, comprising legal fees in the ......
12 firm's commentaries
  • The Best Of The Decade – Canadian Patent Law In The 2010s
    • Canada
    • Mondaq Canada
    • February 18, 2020
    ...concept altogether and pursuing the alternate course of construing the claim." The Dow Chemical Company v Nova Chemical Corporation, 2017 FC 637. The Federal Court awarded a record amount in a patent infringement lawsuit involving polymers used in heavy plastic bags, pallet wrapping and foo......
  • The Best of the Decade – Canadian Patent Law in the 2010s
    • Canada
    • JD Supra Canada
    • February 14, 2020
    ...concept altogether and pursuing the alternate course of construing the claim.” The Dow Chemical Company v Nova Chemical Corporation, 2017 FC 637. The Federal Court awarded a record amount in a patent infringement lawsuit involving polymers used in heavy plastic bags, pallet wrapping and foo......
  • Supreme Court Of Canada Affirms Record-setting $645M Patent Infringement Award In Dow v Nova
    • Canada
    • Mondaq Canada
    • November 22, 2022
    ...infringement award in Dow v Nova. The Supreme Court dismissed Nova's appeal of the earlier decisions of the Federal Court (2017 FC 350 and 2017 FC 637), and Federal Court of Appeal (2020 FCA 141), wherein Nova Chemicals Corporation (Nova) was ordered to pay The Dow Chemical Company (Dow) ap......
  • $644 Million Patent Infringement Judgment Is Largest In Canadian History
    • Canada
    • Mondaq Canada
    • July 21, 2017
    ...its decision in The Dow Chemical Company v. Nova Chemicals Corporation, 2017 FC 637, the Federal Court of Canada has awarded the successful plaintiff (Dow Chemical) over $644,000,000, plus interest, as compensation for Nova Chemicals' patent This award is, by a substantial margin, the large......
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1 books & journal articles
  • SIDE WIND: THE RIGHT-HOLDER'S QUEST FOR INTELLECTUAL PROPERTY ENFORCEMENT.
    • Canada
    • University of Toronto Faculty of Law Review Vol. 80 No. 2, March 2022
    • March 22, 2022
    ..."2021 Legal Fees Survey: Results" (22 December 2021), online: . (4) See Dow Chemical Co v NOVA Chemicals Corp, 2014 FC 844, 2017 FC 350, 2017 FC 637, 2020 FCA 141, 2022 SCC (5) David Crerar, "The Death of the Irreparable Injury Rule" (1998) 36:4 Alba L Rev at 979, quoting Owen Fiss, The Civ......

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