UK change in patent damages liability if patent amended/revoked in EPO

In a judgment of major importance in Virgin Atlantic Airway Ltd v Zodiac Seats UK Ltd [2013] UKSC 46, the Supreme Court has changed the interplay between the national court and the EPO when considering a defendant’s liability to pay damages.

The Supreme Court overturned a principle built up in a number of Court of Appeal cases that had required a defendant to pay damages in the UK arising from a national patent court action where the UK part of a European patent has been finally determined as infringed (with no recourse to further appeal in the national court system), even if subsequently the European patent is revoked or amended in the European Patent Office and no longer covers the defendant’s activities…

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