Virgin Atlantic Airways Ltd v Jet Airways (India) Ltd and other companies

Patent – Infringement. The claimant company issued proceedings against the defendant companies for infringement of its three patents in respect of a seating system. The judge held that two patents had not been infringed and that there had been a threat to infringe the third. He further rejected the appeal from the decision of the United Kingdom Intellectual Property Office alleging that two patents were a nullity because the claimant either never designated the UK on its application form or had withdrawn any such designation. The parties appealed. The Court of Appeal, Civil Division, in dismissing the appeals, held that the two patents had not been infringed, and that the third patent was inventive and not invalid for added matter. Further, the validity of one patent based on the process of examination and grant in the European Patent Office was not open to challenge in the English courts.

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