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…

If you are registered and logged in to the site, click on the link below to read the rest of the Taylor Wessing briefing. If not, please register or sign in with your details below.

Briefings from Taylor Wessing

View more briefings from Taylor Wessing

Analysis from The Lawyer

  • singapore orchid

    Singapore: Cash course

    The city-state is working hard to become a global wealth management hub, and law firms are gearing up for a prosperous new world

  • Money 317

    Crunch boom

    Financial disputes are starting to dominate the English courts as the long-awaited fallout from the downturn finally comes to town

View more analysis from The Lawyer


5 New Street Square

Turnover (£m): 228.00
No. of Lawyers: 860
No. of Lawyers (Asia Pacific): 79
Offices (Asia Pacific): 3