• Quantum of Over $644 Million Awarded to Dow
  • August 2, 2017 | Authors: Beverley Moore; Jillian Brenner
  • Law Firm: Borden Ladner Gervais LLP - Ottawa Office
  • The Dow Chemical Company v. Nova Chemical Corporation, 2017 FC 637

    Dow requisitioned a reference following a finding that its patent was valid and infringed by Nova. In the decision reported in 2017 FC 350, the Court provided reasons addressing the assumptions and other considerations that were to inform the calculations of damages and profits. In this supplemental decision, the Court addressed three outstanding issues and determined the quantum of damages and profits payable by Nova to Dow. The Court awarded Dow $644,623,550.00, inclusive of pre-judgment interest to April 7, 2017, together with pre-judgment interest.