The Dow Chemical Company et al. v. Nova Chemicals Corporation, 2014 FC 844
Justice O'Keefe - 2014-09-05
Read full decision. Summary prepared by Alan Macek:
Dow alleged patent infringement on a patent relating to polyethylene compositions comprising a blend of two components. The Court construed the claims including, among other terms, "comprising", "homogeneously branched", "linear", "substantially linear" and "slope of strain hardening coefficient". On infringement, the Court held that Dow's tests reproduced a component of Nova's polymers and its tests showed infringement. The Court dismissed the allegations of invalidity including on the basis of utility, claims broader, prior art, double patenting and insufficiency. As a result, the plaintiffs were entitled to elect accounting of profits or damages, reasonable compensation, interest, and their costs. Dimock Stratton appeared for Dow.
Decision relates to:
- T-2051-10 - THE DOW CHEMICAL COMPANY ET AL v. NOVA CHEMICALS CORPORATION
- A-379-14(2016 FCA 216) - which is an appeal from this decision