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