Split Fed. Circ. Won’t Review Toss of $30M Dow Patent Award

On December 17, 2015, the Federal Circuit declined to review a decision which tossed $30 million in supplemental damages that was awarded to Dow Chemical Co. from a dispute with Finnegan client NOVA Chemicals Corp.

In 2010, a district court found that NOVA infringed Dow's patent. As a result of the case, Dow was awarded $30 million in supplemental damages for NOVA's sales during 2010 and 2011. However, soon after Dow was awarded supplemental damages, the Supreme Court handed down its decision in Nautilus. NOVA appealed the supplemental damages decision and the Federal Circuit held that the difference in the indefiniteness standard before and after Nautilus was so significant that while Dow's patents were valid under the old standard, they are invalid under the new one. The Federal Circuit therefore threw out the $30 million award. Dow urged for a rehearing, but the Federal Circuit declined.