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ARTICLE · 12 SEPTEMBER 2016

Dow Prevails Over Nova In Appeal Of Polymer Patent Suit

Smart & Biggar
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The Federal Court of Appeal upheld a decision finding Nova Chemicals Corporation liable for infringement of a patent owned by The Dow Chemical Company by Nova's manufacture and sale of its SURPASS film-grade polymers.

CanadaIntellectual Property
Daniel Davies
Daniel Davies
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On September 6th, 2016 the Federal Court of Appeal upheld a Federal Court decision finding Nova Chemicals Corporation ("Nova") liable for infringement of a patent owned by The Dow Chemical Company ("Dow") by Nova's manufacture and sale of its SURPASS film-grade polymers ( 2016 FCA 216).

Steven Garland,  Jeremy Want,  Colin Ingram and  Daniel Davies of Smart & Biggar acted as co-counsel on behalf of Dow in both the trial and on the appeal.

As previously reported, in public reasons for judgment issued on September 5, 2014, Justice O'Keefe of the Federal Court upheld the validity of Dow's Canadian Patent No. 2,160,705 (the '705 Patent), and found that Nova's SURPASS polymers infringed the patent. Dow's '705 Patent relates to polyethylene compositions for use in, amongst other things, packaging applications. The compositions claimed in the patent comprise blends of two polymers with particular physical or mechanical characteristics. Dow sells such compositions

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