Bristows nets appeal court patent victory

Bristows has secured a win for Unilin in the Court of Appeal after Berry Floor, IMC and B&Q infringed the claimant’s patent. The defendants tried to strike out Unilin’s patent in the European Patent Office, but will now have to pay £500,000 whether the patent is valid or not. Lord Justice Jacob ruled that patent infringers must pay even if the patent is proved invalid at a later date in the UK or European Patent Office. Bristows partner Edward Nodder acted for Unilin and instructed barristers Michael Tappin and Andrew Lykiardopoulos from London set 8 New Square. Rouse Legal executive Diana Sternfeld acted for B&Q, instructing Philip Roberts at One Essex Court. Robert Barry, London IP head at US firm Wilmer Cutler Pickering Hale & Dorr, acted for the other two defendants, instructing 11 South Square barristers Henry Carr QC and Hugo Cuddigan.