Unilin Beheer BV v Berry Floor NV & Ors [2007] EWCA Civ 364 (25 April 2007)

Unilin Beheer BV v Berry Floor NV & Ors [2007] EWCA Civ 364 (25 April 2007)

A final, unappealable English court judgment on the validity and infringement of a European Patent (UK) is res judicata and binding between the parties, regardless of subsequent EPO revocation. The Patents Act 1977 and EPC do not displace English procedural law on estoppel, and there is no statutory or treaty-based intention to treat such judgments as provisional. Business certainty and finality of litigation require that the judgment and its financial consequences stand.

Citation
[2007] EWCA Civ 364
Parties
Claimant: Unilin Beheer BV; Defendant: Berry Floor NV; Defendant: Information Management Consultancy Limited (t/a Responsive Designs and/or Tapis UK); Defendant: B&Q plc
Jurisdiction
England and Wales
Judgment Date
25 April 2007
Procedural Posture
Patent Infringement and Validity Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part; English judgment is res judicata and not undone by subsequent EPO revocation
Legal Topics
Patent Validity, Patent Infringement, Res Judicata, European Patent Convention, EPO Opposition, Estoppel
Intellectual Property Civil Procedure Patent Validity Patent Infringement Res Judicata European Patent Convention EPO Opposition Estoppel

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Parties

Unilin Beheer BV

Claimant

Berry Floor NV

Defendant

Information Management Consultancy Limited (t/a Responsive Designs and/or Tapis UK)

Defendant

B&Q plc

Defendant

Procedural Posture

Patent Infringement and Validity Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a final English court decision on patent validity and infringement is set aside by subsequent EPO revocation
  2. 2 Whether res judicata applies to European Patent (UK) after EPO proceedings
  3. 3 Whether English procedural law on estoppel is displaced by EPC provisions

Ratio Decidendi

A final, unappealable English court judgment on the validity and infringement of a European Patent (UK) is res judicata and binding between the parties, regardless of subsequent EPO revocation. The Patents Act 1977 and EPC do not displace English procedural law on estoppel, and there is no statutory or treaty-based intention to treat such judgments as provisional. Business certainty and finality of litigation require that the judgment and its financial consequences stand.

Court Disposition

Appeal allowed in part; English judgment is res judicata and not undone by subsequent EPO revocation

Orders

  • Unilin's entitlement to financial relief and costs stands; inquiry or account of profits to proceed
  • Defendants' application for stay refused