Dow Chemical wins appeal in Nova patent dispute

Canada’s Nova Chemicals Corp. infringed two Dow Chemical Co. patents for making a thinner, stronger plastic, a U.S. federal appeals court that specializes in patents has ruled.

The U.S. Court of Appeals for the Federal Circuit upheld a lower court ruling that said that Nova’s “Surpass” plastic infringes on Dow Chemical’s “Elite” plastic patents. The jury in the lower court, the U.S. District Court for the District of Delaware, had awarded Dow US$61.7 million in damages. In its appeal, Nova had argued that it didn’t infringe the patents, and that the patents were invalid.

Nova spokesman Pace Markowitz said the company is “reviewing the decision to determine what our next steps will be.”

Nova, headquartered in Calgary, is owned by Abu Dhabi-based International Petroleum Investment Co.