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The Dow Chemical Co. said company officials were pleased by a federal appeals court decision to uphold a $61.7 million verdict against Nova Chemicals Corp. in a patent-infringement case.
The U.S. Court of Appeals for the Federal Circuit in Washington ruled that the 2010 verdict should stand after Nova was found to be using Dow inventions protected by two patents for plastic used to make grocery bags.
“This decision confirms Dow’s position from the beginning of this
dispute: Dow’s patents for the production of ELITE brand enhanced
polyethylene resins are valid and enforceable, and Nova has been
infringing on Dow’s rights,” the company said in a statement.
Dow said the award now stands at more than $76 million with respect to Nova’s infringing sales in the U.S. through 2009.
“Dow will now turn its attention to recovering substantial additional damages for Nova’s continued infringement in the U.S. after 2009, including Nova’s willful disregard for Dow’s patent rights,” the company said. “In addition, Dow is seeking money damages and injunctive relief against Nova for its manufacture of infringing product in Canada.”
Nova had argued that its had not infringed on Dow’s two patents, but the court ruled that the patents clearly described what Dow said it invented and that the verdict of infringement “is supported by substantial evidence,” according to Bloomberg News. Nova also had claimed Dow had transferred the patents to a holding company for tax purposes, but two of the three judges ruled that Dow’s patents were not part of the creation of that holding company.
Source: http://www.ourmidland.com/news/article_3e8b36c4-49b9-11e1-87c1-0019bb2963f4.html
The Dow Chemical Co. said company officials were pleased by a federal appeals court decision to uphold a $61.7 million verdict against Nova Chemicals Corp. in a patent-infringement case.
The U.S. Court of Appeals for the Federal Circuit in Washington ruled that the 2010 verdict should stand after Nova was found to be using Dow inventions protected by two patents for plastic used to make grocery bags.
Dow said the award now stands at more than $76 million with respect to Nova’s infringing sales in the U.S. through 2009.
“Dow will now turn its attention to recovering substantial additional damages for Nova’s continued infringement in the U.S. after 2009, including Nova’s willful disregard for Dow’s patent rights,” the company said. “In addition, Dow is seeking money damages and injunctive relief against Nova for its manufacture of infringing product in Canada.”
Nova had argued that its had not infringed on Dow’s two patents, but the court ruled that the patents clearly described what Dow said it invented and that the verdict of infringement “is supported by substantial evidence,” according to Bloomberg News. Nova also had claimed Dow had transferred the patents to a holding company for tax purposes, but two of the three judges ruled that Dow’s patents were not part of the creation of that holding company.
Source: http://www.ourmidland.com/news/article_3e8b36c4-49b9-11e1-87c1-0019bb2963f4.html
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