Intellectual Property Law

Judge Joseph J. Farnan, Jr.: Jury Verdict

By Karen E. Keller, Andrew A. Lundgren et al.

On June 15, 2010, a Delaware jury returned a verdict for plaintiff Dow Chemical Company and awarded Dow Chemical damages in the amount of $61.77 million. The Dow Chemical Co. v. Nova Chemicals Corp., C.A. No. 05-737-JJF, Verdict Form (D. Del. June 15, 2010). Specifically, the jury found that all four of the accused products of defendant Nova Chemicals Corp. infringed the two patents-in-suit. Nova Chemical asserted invalidity defenses alleging that the asserted patents were invalid for lack of written description and the claims were indefinite. Nova Chemical also asserted an obviousness defense. The jury ultimately determined the patents were valid and found for Dow Chemical on all invalidity questions. The $61.77 million damages award was broken down into approximately $4.3 million of reasonable royalty damages and $57.45 in lost profits.

The Dow Chemical Co. v. Nova Chemicals Corp., C.A. No. 05-737-JJF, Verdict Form (D. Del. June 15, 2010).

Full post as published by Delaware IP Law Blog on June 16, 2010 (boomark / email).