Nova Scores Patent Win In Dow Case

A U.S. Federal Circuit court has reversed a district court award to Dow Chemical in its patent infringement suit against Nova Chemicals. The two companies went to court in 2005 over Nova’s film-grade polyethylene, which Dow alleged infringed on its patents. Dow won a judgment in 2010 for more than $60 million. It also received a supplemental award of $30 million, which Nova appealed. The circuit court invalidated the claims in the Dow patents, ruling that a recent Supreme Court decision in another case, Nautilus Inc. v. Biosig Instruments, created new standards that rendered Dow’s claims too vague. Dow says it will seek a rehearing.