Dow Chemical Co. v. Nova Chemicals Corp., Inc.


We obtained a complete jury verdict for The Dow Chemical Company ("Dow") in a patent infringement against Nova Chemicals Corp. and Nova Chemicals Inc. ("Nova").  Dow’s patents-in-suit relate to an important new kind of polyethylene used in a wide variety of applications from food packaging to heavy duty shopping sacks.  Dow’s invention allows manufacturers to fabricate stronger, thinner plastic films with less polyethylene, thereby requiring the consumption of less resources and energy to manufacture the plastics and also benefiting the environment through less plastic waste.  The jury found that Dow's two patents-in-suit were valid and infringed by more than fifty Nova polymer products.  The jury verdict awarded damages of $61.7 million, including $57.4 million in lost profits and $4.3 million in royalties.  After inclusion of prejudgment interest, the total damages award was $76 million.

Team Members

Print this page.