Virgin Atlantic Airways Ltd v Delta Air Lines Inc

Virgin Atlantic Airways Ltd v Delta Air Lines Inc

The claim for a 'passenger seating system for an aircraft' is to be construed as covering a system suitable for installation on an aircraft, not limited to one already installed. The language and context, supported by established legal principles and EPO Guidelines, indicate that the claim is not restricted to actual installation. Therefore, the judge erred in holding otherwise, and summary judgment was inappropriate.

Parties
Claimant/appellant: Virgin Atlantic Airways Ltd; Defendant/respondent: Delta Air Lines Inc
Jurisdiction
England and Wales
Judgment Date
23 February 2011
Procedural Posture
Civil Appeal (patents/infringement) / Appeal From Summary Judgment
Outcome
Appeal allowed
Legal Topics
Patent Infringement, Claim Construction, Summary Judgment
Intellectual Property Patents Patent Infringement Claim Construction Summary Judgment

Case Brief

Summary, issues, holding and outcome

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Parties

Virgin Atlantic Airways Ltd

Claimant/appellant

Delta Air Lines Inc

Defendant/respondent

Procedural Posture

Civil Appeal (patents/infringement) / Appeal From Summary Judgment

Legal Issues

  1. 1 Whether the amended patent claim covers a ship-set before installation on an aircraft
  2. 2 Whether manufacture and sale in the UK of a complete kit of parts to assemble a patented device infringes the patent
  3. 3 Whether manufacture in and export from the UK of an incomplete kit of parts for assembling abroad a patented device infringes the patent

Ratio Decidendi

The claim for a 'passenger seating system for an aircraft' is to be construed as covering a system suitable for installation on an aircraft, not limited to one already installed. The language and context, supported by established legal principles and EPO Guidelines, indicate that the claim is not restricted to actual installation. Therefore, the judge erred in holding otherwise, and summary judgment was inappropriate.

Court Disposition

Appeal allowed

Orders

  • Summary judgment set aside
  • Declaration of non-infringement discharged