Tuesday, May 25, 2021

Leave Granted in Nova v Dow

Nova Chemicals Corporation v Dow Chemicals Company 2020 FCA 141 Stratas JA: Near JA / Woods JJA dissenting, affg 2017 FC 350, 2017 FC 637 Fothergill J

            2,160,705 / film-grade polymers / ELITE, SURPASS

The SCC has granted leave to appeal in Nova v Dow. I’ve written several posts on the FCA decision:

Nova v Dow: A Radical Departure from Established Law

Constructing the “But For” World Is Not a Purely Subjective Inquiry

Non-Infringing Baseline as an Alternative to “But For” Causation

Deduction of Fixed Costs in Nova v Dow

Fixed Costs and Sunk Costs

Hat tip to Alan Macek’s IPPractice daily email service.

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