Decision

Dow Chemical Company v. Nova Chemicals Corporation, 2017 FC 637

Justice Fothergill - 2017-07-05

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"Pursuant to paragraph 8 of the Judgment [see 2017 FC 350], the parties were directed to exchange calculations of damages and profits payable by the Defendant [Nova] to the Plaintiffs [Dow], and to identify any matters that required resolution by the Court. The parties subsequently informed the Court that they were in substantial agreement regarding the sums payable by Nova to Dow, but were unable to resolve three issues: (a) whether Nova is permitted to deduct capital costs and certain fixed costs relating to the ethylene used to produce the infringing SURPASS products; (b) the basis for allocating fixed costs of Nova’s PE2 plant between the infringing and non-infringing products made at that facility; and (c) when capital expenditures reported in Canadian dollars [CAD] relating to construction of the PE2 plant should be converted to U.S. dollars [USD] for the purpose of calculating annual capital depreciation. ... Nova shall pay to Dow $644,623,550.00, inclusive of pre-judgment interest to April 7, 2017, together with pre-judgment interest calculated in accordance with this Court’s Judgment in Dow v Nova from April 7, 2017 to the date of this Judgment. Nova shall pay to Dow post-judgment interest of 5%, not compounded, from the date of this Judgment."

Decision relates to:

 

Canadian Intellectual Property