Appeals court affirms Dow's victory in PE patent case

Dow Chemical has won a $76m (€57.9m) settlement from Nova Chemicals in a legal conflict over enhanced polyethylene resins.

A jury in the US Court of Appeals in Washington on 24 January confirmed the US District Court decision from 2010 that awarded US-based Dow $61.7m (€47m) in damages plus additional interest, for a total of $76m (€57.9m). Dow had argued that Nova’s Surpass-brand enhanced PE violated patents for Dow’s Elite-brand enhanced PE.

In a prepared statement, Dow officials said 25 January that the firm “will now turn its attention to recovering substantial additional damages for Nova’s continued infringement in the US after 2009”.

Dow officials added that the firm is “very pleased” with the decision and that it “affirms Dow’s Jury trial win against Nova in every respect”.

In a 25 January e-mail, Nova spokesman Pace Markowitz said that his firm is “disappointed with the outcome of the case”.

“This was a split decision and one of the judges on the panel agreed with our arguments,” he added. “We are reviewing the decision to determine our next steps.”