Unilin Beheer BV v Berry Floor NV & Ors

Unilin Beheer BV v Berry Floor NV & Ors

A final judgment of an English court on the validity and infringement of a European Patent (UK), including orders for an account of profits and costs, is res judicata and not set aside by a subsequent EPO revocation; the parties are estopped from reopening entitlement to financial relief or costs, and national procedural law governs the effect of such judgments.

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
Civil Appeal (patents/infringement) / Court of Appeal Judgment on Appeal From Patents County Court
Outcome
Appeal by Unilin allowed; Defendants' appeal dismissed; Defendants estopped from challenging entitlement to account of profits and past costs; no stay of proceedings granted.
Legal Topics
Res Judicata, Effect of EPO Revocation on National Judgments, Estoppel, Costs, Stay of Proceedings
Intellectual Property Patents Res Judicata Effect of EPO Revocation on National Judgments Estoppel Costs Stay of Proceedings

Case Brief

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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

Civil Appeal (patents/infringement) / Court of Appeal Judgment on Appeal From Patents County Court

Legal Issues

  1. 1 Whether a final national judgment on patent validity and infringement is set aside by subsequent EPO revocation
  2. 2 Whether res judicata/estoppel applies to financial relief and costs after EPO revocation
  3. 3 Whether national law or EPC/EPO procedures control the effect of subsequent revocation on concluded litigation

Ratio Decidendi

A final judgment of an English court on the validity and infringement of a European Patent (UK), including orders for an account of profits and costs, is res judicata and not set aside by a subsequent EPO revocation; the parties are estopped from reopening entitlement to financial relief or costs, and national procedural law governs the effect of such judgments.

Court Disposition

Appeal by Unilin allowed; Defendants' appeal dismissed; Defendants estopped from challenging entitlement to account of profits and past costs; no stay of proceedings granted.

Orders

  • Defendants estopped from challenging Unilin’s entitlement to an account of profits, regardless of EPO outcome.
  • Liberty to Defendants to apply for repayment of costs discharged.