Dow wins $61.7m verdict in NOVA PE patent lawsuit

15 June 2010 19:36  [Source: ICIS news]

HOUSTON (ICIS news)--US major Dow Chemical won a $61.7m (€50.6m) verdict on Tuesday in a lawsuit alleging that NOVA Chemicals infringed on two of its patents for polyethylene (PE).

A jury at the US District Court in Delaware awarded Dow $4.32m in royalties and $57.4m in lost profits.

Dow spokesman Greg Baldwin said in a statement that "The jury's verdict is a critical step in establishing that Dow's patents are valid and enforceable. And that NOVA has been infringing on Dow's rights. Dow will continue to pursue all legal remedies available to protect this valuable intellectual property."

Greg Wilkinson, NOVA spokesman, said in a statement that his company expected to prevail on appeal.

The final outcome on the case was still uncertain, Wilkinson said. An issue regarding standing still needed to be decided, he said.

Standing refers to someone's right to make a legal claim.

A trial regarding standing was scheduled to start on Wednesday, Wilkinson said.

It would be a bench trial, where Dow and NOVA would argue their positions before a judge without a jury.

($1 = €0.83)

For more on PE visit ICIS chemical intelligence
For more on Dow visit ICIS company intelligence

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By: Al Greenwood
+1 713 525 2645



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