12
World Report - UK & Ireland
JULY 2013
UK Supreme Court overturns law on patent infringement damages
The UK Supreme Court recently handed down its judgement in the Virgin Atlantic v Zodiac Seats patent case relating to business class airline seats. The decision overturned the century-old English legal principle of patent-holders having a right to damages for
infringed patents
notwithstanding later amendment to the patent.
Virgin Atlantic Airways had successfully sued Zodiac Seats in the UK High Court for infringement of a patent directed to business class airline seats, and the infringement was later confirmed by the Court of Appeal. However, following
the Court of Appeal's judgement, in separate opposition proceedings at the European Patent Office (EPO) the patent was amended to remove the infringed claims, meaning Zodiac no longer infringed Virgin Atlantic’s patent. In its claim before the UK Supreme Court, Virgin Atlantic relied upon a line of English cases which held that when the issues of infringement and validity had been found in a patentee's favour, it was entitled to damages despite any subsequent amendment or revocation of the patent.
The Supreme Court
dLA Piper advises on landmark Step Change contract
In a ground-breaking step forward for Scotland, DLA Piper has advised on the £150 million Step Change (Rest of Scotland) agreement which aims to deliver
significant
improvements in broadband services for Scotland.
Step Change is a next generation access (NGA) broadband project procured under the DCMS Broadband Delivery UK (BDUK) Framework. It aims to deliver the Scottish Government's interim Digital Scotland objectives, building towards a world class broadband infrastructure by 2020.
The £150 million project involves the successful supplier, BT plc, rolling out NGA technologies across 27
Callum Sinclair, a Partner in the Technology group, led the DLA Piper team in Scotland. He said: “Drawing on our experience of complex technology and telecoms projects and best practice from our offices in the UK and around the world, DLA Piper advised on all legal and commercial aspects of the project
including
regulated procurement, telecoms regulatory and State Aid advice, as well as local authority and funder engagement and preparation of the contract. We look forward to the project delivering tangible results for Scotland."
local authority areas in Scotland.
Global law firm DLA Piper provided legal support throughout the project.
disagreed with Virgin Atlantic’s argument and found that the amendment of the patent in the EPO proceedings to remove the infringed claims was a factor which Zodiac could rely upon when damages were assessed. The Court considered that the earlier cases on which Virgin Atlantic relied – starting with a decision of the Court of Appeal from 1908 in the Poulton case, and followed by two much more recent Court of Appeal cases – were decided in error.
The Supreme Court considered that where a patent had been held invalid by a competent
tribunal, whether in the UK or at the EPO, that was a material fact which should be taken into account when determining damages. The Court was troubled by the concept inherent in the earlier cases that a patentee might recover damages based on an invalid patent by luck of the timing of various proceedings.
Mark Kenrick, Patent Attorney and Partner at Marks & Clerk, commented: "This case shows, again, the difficulties in getting the interactions between UK and European Patent Office proceedings
to work in a sensible way. The UK Supreme Court noted that Parliament had expressly set up a system where patent validity could be heard in two completely separate tribunals, and felt it important that actions in the UK Court took full account of the EPO's findings.
“This shows the need for technology-led businesses to consider carefully the interactions between parallel proceedings in the EPO and UK courts, when devising an overall strategy to address a particular patent dispute.”
Law Society welcomes new President nicholas Fluck
Lincolnshire lawyer Nicholas Fluck has been inaugurated as the Law Society’s president during this year’s Annual General Meeting.
The new president assumes the role as the Law Society continues with constructive and robust engagement with the Government over legal aid.
“It’s both an honour and a privilege to have this opportunity to represent our profession as president for the next twelve months. Under my leadership the Law Society will remain committed to preserving access to justice in the face of
the government’s
proposed changes to legal aid. I will make no apologies for being clear to the government, the public, and other professionals the value
that solicitors add to society and to all of our lives.
“As president I will continue to concentrate my efforts on promoting our solicitor profession. I will continue to work on improving the competitiveness of the environment for law firms, both at home and abroad so that solicitors can flourish, and the England and Wales jurisdiction and its solicitors are where the world’s eyes first turn when they seek legal advice.
“I will use every opportunity I have to raise awareness of the contribution solicitors make not just to their clients, but to our wider society and the economy. I will publicise the diversity of solicitors and emphasise the integrity and values they uphold.”
Nick is one of two partners in Stapleton & Son, a traditional general practice and high street firm, in Stamford, Lincolnshire. He was elected to the Law Society Council in 2005, then to the Commercial Property constituency and, since July 2012, represented the geographic constituency of Lincolnshire.
Nick has a particular interest in communications and data technology and previously chaired the Law Society’s Technology and Law Reference Group – relinquishing this appointment upon being elected deputy vice president of the Society.
The new president will be supported by vice president Andrew Caplan and deputy vice president Jonathan Smithers.
www.lawyer-monthly.com
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