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Policy

Dow petition rejected in Nova polymer case

by Alexander H. Tullo
May 30, 2016 | APPEARED IN VOLUME 94, ISSUE 22

The Supreme Court has rejected Dow Chemical’s petition to restore $30 million in damages awarded in a patent infringement case against Nova Chemicals. Dow had claimed that some Nova linear low-density polyethylene grades infringed its patents. Nova had paid Dow $77 million in damages in 2012 and was on the hook for another $30 million in a subsequent district court judgment. A circuit court stripped that award when it determined, given a new Supreme Court precedent, that the Dow patents were “indefinite” and couldn’t be reasonably interpreted.

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