Dow Chemical Co. has won almost $62 million in damages from Nova Chemicals Corp. in a case involving polyethylene technology.
A jury in U.S. District Court in Wilmington on June 15 awarded $57.4 million in lost profit and $4.3 million in royalties to Midland, Mich.-based Dow, for a total of $61.7 million.
Dow filed the suit against Calgary, Alberta-based Nova in 2005, alleging that Nova was violating patents for a grade of linear low density PE used in grocery bags.
Dow contended Nova had been importing material violating the patents into the U.S. since 2003.
Dow called the verdict a critical step in establishing that Dow's patents are valid and enforceable, and that Nova has been infringing on Dow's rights.
Nova spokesman Greg Wilkinson countered that the final outcome of the case is still uncertain and Nova expects to prevail on appeal. Wilkinson added that a bench trial on the dispute begins June 16 in the same court.
Both Dow and Nova rank among North America's largest makers of PE.
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