Monday, October 29, 2012

Dow Chemical Patent Verdict Against Nova Left Intact

The U.S. Supreme Court left intact a $61.7 million verdict won by Dow Chemical Co. (DOW) in a patent fight with Nova Chemicals Corp. over the plastic used in grocery bags.

The justices today rejected an appeal by two Nova units found to have infringed patents held by Dow, the largest U.S. chemical company. The patents cover polymers that are thinner and stronger than conventional plastic.

Nova, owned by Abu Dhabi-based International Petroleum Investment Co., argued unsuccessfully that Dow had transferred the patents to a holding company and no longer had the legal right to enforce them.

The award has grown with interest, and Dow has said it will seek additional damages for infringement in later years and in Canada.

A federal jury in Wilmington, Delaware, sided with Dow in 2010, and the federal appeals court that handles patent cases upheld the verdict. Dow is based in Midland, Michigan.

The case is Nova v. Dow, 12-243.

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