Virgin Atlantic v Premium Aircraft

Virgin Atlantic v Premium Aircraft

Permanent injunction granted subject to carve-out for Delta contract, requiring payment of £10,000 per seat, parent company guarantee, and Delta undertaking not to fly London-JFK route, up to end of June. No stay of inquiry as to damages. Permission to appeal refused. Application of balance of convenience and...

Source-derived case information.

Parties
Appellant: Virgin Atlantic; Respondent: Premium Aircraft (Contour)
Jurisdiction
England and Wales
Judgment Date
21 December 2009
Procedural Posture
Civil Appeal / Post Judgment Consequential Orders
Outcome
Permanent injunction granted with carve-out; no stay of inquiry; permission to appeal refused.
Legal Topics
Patent Validity, Patent Infringement, Injunctive Relief, Damages, Stay of Proceedings, Proportionality, Res Judicata
Intellectual Property Patents Patent Validity Patent Infringement Injunctive Relief Damages Stay of Proceedings Proportionality +1 more

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Parties

Virgin Atlantic

Appellant

Premium Aircraft (Contour)

Respondent

Procedural Posture

Civil Appeal / Post Judgment Consequential Orders

Legal Issues

  1. 1 Whether to grant permission to appeal to the Supreme Court
  2. 2 Whether to stay the inquiry as to damages pending EPO appeal
  3. 3 Terms and scope of permanent injunction

Ratio Decidendi

Permanent injunction granted subject to carve-out for Delta contract, requiring payment of £10,000 per seat, parent company guarantee, and Delta undertaking not to fly London-JFK route, up to end of June. No stay of inquiry as to damages. Permission to appeal refused. Application of balance of convenience and proportionality principles justified carve-out.

Court Disposition

Permanent injunction granted with carve-out; no stay of inquiry; permission to appeal refused.

Orders

  • Permanent injunction granted subject to carve-out for Delta contract up to end of June.
  • Contour to pay £10,000 per seat for 400 seats supplied to Delta.