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The smart approach to foreign exchange in accounting of profits cases

Tuesday, January 09, 2018 @ 8:59 AM | By Ephraim Stulberg

The accounting of profits award in Dow Chemical Co. v. Nova Chemicals Corp. 2017 FC 350 is one of the largest awards for intellectual property infringement in Canadian history ($644 million). I have written about some aspects of the case previously; in this article, I will discuss Justice Simon Fothergill’s treatment of the issue of foreign exchange rates.

(Spoiler: There will be no references to bitcoin or cryptocurrencies in this article; just old-fashioned CDN and USD.)

The case involved Dow’s patent (the 705 patent) for the production...