May 23, 2016 / 1:47 PM / a year ago

UPDATE 1-U.S. top court rejects Dow bid to restore $30.5 million in patent damages

(Adds background on case, paragraphs 3-4)

By Lawrence Hurley

WASHINGTON, May 23 (Reuters) - The U.S. Supreme Court on Monday rejected a Dow Chemical Co bid to salvage $30.5 million in patent infringement damages in a lengthy legal fight with Nova Chemicals Corp over two patents relating to plastic film.

The court’s refusal to hear the case leaves in place a December 2015 ruling by the U.S. Court of Appeals for the Federal Circuit throwing out the damages award.

At issue were $28 million in supplemental damages plus interest that a federal judge awarded to Dow for Nova’s infringement of its patents from January 2010 to October 2011, when the patents expired.

The court’s action does not affect the $61 million in damages that a jury in 2010 awarded to Dow for Nova’s infringement of the patents prior to 2010. Dow is in the process of merging with Dupont. (Reporting by Lawrence Hurley; Editing by Will Dunham)

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