Comforted by the seat of justice — no going behind the EPO’s decision to grant a patent
The Court of Appeal has ruled in Virgin Atlantic Airways v Jet Airlines (India) & Zodiac Seats UK and others that the English courts cannot go behind the European Patent Office’s (EPO’s) decision to grant a European patent.
This is part of the long-running patent dispute concerning lie-flat business-class seats for airlines, in relation to a Virgin Atlantic Airways (VAA) innovation that enables airlines to make more efficient use of the limited space on planes.
This decision will be a great relief to patent holders, as it means they can be confident that once the EPO has granted the patent, the patent cannot be attacked in the English court on the basis of any procedural errors made in the grant process (such as a late payment of designation fees). The possibility of such attacks would have increased the hurdles that patent owners have to overcome in enforcing their patents, and the cost of so doing…
If you are registered and logged in to the site, click on the link below to read the rest of the DLA Piper briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
The Australian Taxation Office released a draft ruling on the Goods and Services Tax treatment of bitcoin transactions on 20 August 2014.
DLA Piper’s ‘Life sciences: patent extension strategies and antitrust global update’ video covers global antitrust and competition issues including product hopping and reverse payment patents.
Analysis from The Lawyer
Regulators are ramping up the pressure in the aftermath of recession, leaving firms to compete for compliance and restructuring work
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.