Virgin Atlantic Airways Ltd v Delta Air Lines Inc [2011] EWCA Civ 162 (23 February 2011)

Virgin Atlantic Airways Ltd v Delta Air Lines Inc [2011] EWCA Civ 162 (23 February 2011)

The Court of Appeal held that the claim 'a passenger seating system for an aircraft' should be construed as covering a system suitable for installation in an aircraft (a ship-set), not limited to systems already installed. The opening words of the claim control its scope, and the skilled person would understand the claim to cover a system capable of being fitted, not only one actually fitted. The judge's contrary construction was incorrect, and summary judgment for Delta was wrongly granted.

Citation
[2011] EWCA Civ 162
Parties
Claimant/appellant: Virgin Atlantic Airways Ltd; Defendant/respondent: Delta Air Lines Inc
Jurisdiction
England and Wales
Judgment Date
23 February 2011
Procedural Posture
Patent Infringement Appeal / Appeal From Summary Judgment in the High Court (patents Court)
Outcome
Appeal allowed
Legal Topics
Patent Claim Construction, Infringement by Supply of Kits, Summary Judgment in Patent Cases, Interpretation of 'for' in Patent Claims
Intellectual Property Law Patent Law Patent Claim Construction Infringement by Supply of Kits Summary Judgment in Patent Cases Interpretation of 'for' in Patent Claims

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

Patent Infringement Appeal / Appeal From Summary Judgment in the High Court (patents Court)

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 Court of Appeal held that the claim 'a passenger seating system for an aircraft' should be construed as covering a system suitable for installation in an aircraft (a ship-set), not limited to systems already installed. The opening words of the claim control its scope, and the skilled person would understand the claim to cover a system capable of being fitted, not only one actually fitted. The judge's contrary construction was incorrect, and summary judgment for Delta was wrongly granted.

Court Disposition

Appeal allowed

Orders

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