Virgin Atlantic Airways Ltd v Jet Airways (India) Ltd & Ors [2013] EWCA Civ 1713 (20 December 2013)

Virgin Atlantic Airways Ltd v Jet Airways (India) Ltd & Ors [2013] EWCA Civ 1713 (20 December 2013)

The Solar Eclipse seat does not infringe the 908 patent as amended because the claim requires a separate, generally triangular passenger support element disposed in the space behind the seat, substantially coplanar with the movable elements in bed mode, which is not satisfied by the Solar Eclipse's headrest or rear console. If Virgin's construction were accepted, the 908 patent would be invalid for added matter. The 734 patent is not invalid for obviousness or added matter, as the judge was entitled to find it inventive and properly based on the application as filed. The 908 patent is not a nullity in the UK for non-designation, as the process of examination and grant in the EPO is not...

Citation
[2013] EWCA Civ 1713
Parties
Claimant/appellant: Virgin Atlantic Airways Ltd; Defendant/respondent: Jet Airways (India) Ltd; Defendant/respondent: Delta Air Lines, Inc.; Defendant/respondent: Air Canada; Defendant/respondent: Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd); Applicant to Intervene: The Comptroller General of Patents; Applicant to Intervene: The Secretary of State for Business, Innovation and Skills
Jurisdiction
England and Wales
Judgment Date
20 December 2013
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeals From High Court (patents Court)
Outcome
All appeals dismissed; judgment of the High Court (Floyd J) affirmed.
Legal Topics
Patent Infringement, Patent Validity, Added Matter, Obviousness, Designation of States (epo), Correction of Patent Register
Intellectual Property Patents Patent Infringement Patent Validity Added Matter Obviousness Designation of States (epo) Correction of Patent Register

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Parties

Virgin Atlantic Airways Ltd

Claimant/appellant

Jet Airways (India) Ltd

Defendant/respondent

Delta Air Lines, Inc.

Defendant/respondent

Air Canada

Defendant/respondent

Zodiac Seats UK Ltd (formerly Contour Aerospace Ltd)

Defendant/respondent

The Comptroller General of Patents

Applicant to Intervene

The Secretary of State for Business, Innovation and Skills

Applicant to Intervene

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeals From High Court (patents Court)

Legal Issues

  1. 1 Whether the Solar Eclipse seat infringes the 908 patent as amended
  2. 2 Whether the 908 patent is invalid for added matter if construed as Virgin contends
  3. 3 Whether the 734 patent is invalid for obviousness or added matter

Ratio Decidendi

The Solar Eclipse seat does not infringe the 908 patent as amended because the claim requires a separate, generally triangular passenger support element disposed in the space behind the seat, substantially coplanar with the movable elements in bed mode, which is not satisfied by the Solar Eclipse's headrest or rear console. If Virgin's construction were accepted, the 908 patent would be invalid for added matter. The 734 patent is not invalid for obviousness or added matter, as the judge was entitled to find it inventive and properly based on the application as filed. The 908 patent is not a nullity in the UK for non-designation, as the process of examination and grant in the EPO is not...

Court Disposition

All appeals dismissed; judgment of the High Court (Floyd J) affirmed.

Orders

  • Virgin's appeal on infringement of the 908 patent dismissed.
  • Zodiac's appeal on validity of the 734 patent dismissed.