Nova Chemicals has been ordered to pay nearly $500 million to Dow Chemical by a federal court in Canada. The payout is thought to be the biggest from a patent infringement case in Canadian history.
The case dates back to 2005 and involves the patent for a line of polyethylene resins Nova used in products including garbage bags and food packaging. Nova sold the polymers under a line called “SURPASS.”
Dow won its initial court trial against Nova in 2014, and an appeal was upheld in 2016. At one point Nova filed fraud charges against Dow, but they were eventually thrown out.
Dow’s reward was calculated from the $1 billion in estimated sales Nova made off the products.
Nova called the award “over-inclusive” in a statement and said that the decision will not impact sales of SURPASS resins.