Dow Chemical Company v. Nova Chemicals Corporation

Dow Chemical Company v. Nova Chemicals Corporation

Because Dow failed to provide itemized invoices or sufficient particulars to justify claimed actual fees (~$7.8M) and the remedies phase was of comparable complexity to the liability phase where a three-times-Tariff multiplier was applied, the Court awarded legal fees equal to three times the Tariff maximum (~$1,200,000.00) plus undisputed disbursements of $3,155,555.63, for a total lump sum costs award of $4,355,555.63 to Dow.

Citation
2017 FC 759
Parties
Plaintiffs / Defendants by Counterclaim: The Dow Chemical Company; Dow Global Technologies Inc.; Dow Chemical Canada ULC; Defendant / Plaintiff by Counterclaim: Nova Chemicals Corporation
Court
Federal Court
Jurisdiction
Canada
Judgment Date
8 August 2017
Procedural Posture
Patent Infringement — Remedies and Costs / Post Remedies Costs Determination (lump Sum Costs Award)
Outcome
Nova Chemicals Corporation ordered to pay Dow a lump sum of CAD 4,355,555.63 in costs (legal fees CAD 1,200,000.00 and disbursements CAD 3,155,555.63).
Legal Topics
Infringement, Remedies, Costs Awards, Attorney Fees, Accounting of Profits
Source Language
English
Intellectual Property Patent Law Civil Procedure Costs and Disbursements Infringement Remedies Costs Awards Attorney Fees +1 more

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Parties

The Dow Chemical Company; Dow Global Technologies Inc.; Dow Chemical Canada ULC

Plaintiffs / Defendants by Counterclaim

Nova Chemicals Corporation

Defendant / Plaintiff by Counterclaim

Procedural Posture

Patent Infringement — Remedies and Costs / Post Remedies Costs Determination (lump Sum Costs Award)

Legal Issues

  1. 1 Entitlement to costs for remedies phase
  2. 2 Quantum of legal fees (lump sum v. Tariff)
  3. 3 Appropriate multiplier above Tariff amounts

Ratio Decidendi

Because Dow failed to provide itemized invoices or sufficient particulars to justify claimed actual fees (~$7.8M) and the remedies phase was of comparable complexity to the liability phase where a three-times-Tariff multiplier was applied, the Court awarded legal fees equal to three times the Tariff maximum (~$1,200,000.00) plus undisputed disbursements of $3,155,555.63, for a total lump sum costs award of $4,355,555.63 to Dow.

Court Disposition

Nova Chemicals Corporation ordered to pay Dow a lump sum of CAD 4,355,555.63 in costs (legal fees CAD 1,200,000.00 and disbursements CAD 3,155,555.63).

Orders

  • Nova Chemicals Corporation shall pay to The Dow Chemical Company, Dow Global Technologies Inc. and Dow Chemical Canada ULC costs in the lump sum of $4,355,555.63, comprising legal fees in the amount of $1,200,000.00 and disbursements in the amount of $3,155,555.63.