Monday, July 10, 2017

Record Patent Damages Award in Canada

At least, I'm reasonably sure this is a record.  The case is Dow v. Nova, and I mentioned the trial court's April 19 opinion here just a couple of weeks ago.  The court didn't set the amount of the award at that time, however, but rather directed the parties to exchange information and "identify any matters that required resolution by the Court."  On July 5, the court issued its"Public Supplemental Judgment and Reasons" resolving three issues relating to deductions for certain costs and the appropriate date from which to convert capital expenditures reported in Canadian dollars to U.S. dollars.  Bottom line:  Nova must pay Can. $644,623,550, "inclusive of pre-judgment interest to April 7, 2017," along with prejugdment interest from April 7 to the date of judgment and postjudgment interest at 5% noncompounded.  Most of this, I would surmise from the April opinion, consists of the defendant's profits.  Hat tip to Norman Siebrasse for calling this to my attention.  There is also a discussion of the case by Richard Lloyd on the IAM Blog, here.

Update:  Norman Siebrasse's post on this opinion can be found here.

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