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ARTICLE · 21 JULY 2017

$644 Million Patent Infringement Judgment Is Largest In Canadian History

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In 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...

CanadaIntellectual Property
Marc Crandall
Marc Crandall
Michael Crichton
Michael Crichton
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In 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 infringement.

This award is, by a substantial margin, the largest monetary award for patent infringement ever granted in a Federal Court judgment.  The award was based on a combination of a reasonable royalty for the pre-grant publication period of the patent, an accounting of profits for the post-grant period, and an accounting of "springboard profits" for a period of time following expiry of the patent.

Case Background and Court's Decision

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