By Paula Frederick and Jacob Martin ( March 2, 2021, 9:34 AM EST) -- As discussed in part one of this article, prior to the Federal Court of Appeal decision in Nova Chemicals Corp. v. Dow Chemicals Co. [2020] F.C.J. No. 928, the incremental cost approach was the preferred method in calculating the profits earned by an infringer, except in certain circumstances. Therefore, there was no need to allocate the non-incremental fixed costs of the infringer to the infringing products....