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Intellectual Property Law - Patents - Defences to infringement - Invalidity of patent - Anticipation (lack of novelty) - Obviousness - Insufficiency of claims - Insufficiency of specifications

Thursday, October 06, 2016 @ 8:00 PM  

Appeal by Nova Chemicals (Nova) from a patent infringement judgment in favour of the respondents, the Dow Chemical companies (Dow). The parties both manufactured polyethylene film-grade copolymers for use in, amongst other things, packaging applications. Dow owned the 705 Patent for fabricated articles made from ethylene polymer blends, such as garbage bags and food wrapping. The 705 Patent purported to meet the identified need to develop polymers that could be formed into thinner films with improved strength properties. Dow alleged that Nova infringed the 705 Patent...