Court Relies on Edgeworth Testimony in Largest-Ever Canadian Patent Infringement Judgment

Jul 15, 2017

In November 2014, Canada’s federal court ruled that Nova Chemicals’s SURPASS stretch-film products infringed Dow Chemical’s ’709 Patent—a key patented technology that enabled the production of specialized mLLDPE films with superior performance characteristics and processability. Edgeworth economists Dr. Gregory K. Leonard and Dr. Mario A. Lopez assisted Dow in evaluating a number of complex economic issues that arose in the case. Dr. Leonard testified during a three-week trial on issues related to reasonable royalties/reasonable compensation, disgorgement of profits, and “springboard” profits. In its final determination of damages, the court adopted a number of Dr. Leonard’s assumptions and calculations. In July 2017, Dow was awarded $645 million in damages—the largest reported award in a Canadian patent infringement case.

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