UK - Virgin v. Delta and Virgin v. Premium

Virgin Atlantic Airways Ltd v. Delta Air Lines Inc, Court of Appeal, London, UK, 23 February 2011, [2011] EWCA Civ 162 and Virgin Atlantic Airways Ltd v. Premium Aircraft Interiors UK Ltd. & Anor, Court of Appeal, London, UK, 23 February 2011, [2011] EWCA Civ 163

The Court of Appeal has handed down two judgments in the long running litigation regarding Virgin Atlantic Airways’ patent EP (UK) 1 495 908 for flat-bed aircraft seats.

In 2007 Virgin commenced infringement proceedings against Premium Aircraft Interiors UK (known as “Contour”) who manufacture business class seats for a number of airlines including Delta and Air Canada. Contour counterclaimed that the patent was invalid and commenced opposition proceedings at the EPO. In 2009, the Patents Court held the patent to be valid but not infringed but later on that year on appeal the Court of Appeal overturned the finding of non-infringement and held the patent to be valid and infringed. Virgin subsequently requested appropriate remedies in view of this decision pending the decision of the TBA of the EPO.