Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 46

Henry Carr QC, Iain Purvis QC, and Brian Nicholson acted for Zodiac on its appeal to the Supreme Court on the so-called Unilin point (that damages remain payable after a UK infringement trial even if the patent is subsequently amended or revoked in the EPO).  Zodiac succeeded on its appeal, with the Supreme Court overturning Unilin, Coflexip and Poulton, holding that it was open to Zodiac to say on any inquiry as to damages that Virgin had suffered no damage.  As the Supreme Court noted in its Judgment, the decision calls for reconsideration of the existing practices (Glaxo etc.) where there are co-pending proceedings before the UK Patents Court and the EPO.

Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd [2013] UKSC 46

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