Posted: February 1st, 2010
Virgin Atlantic v. Premium Aircraft, Court of Appeal (Civil Division), London, UK, 21 December 2009, Case No.  EWCA Civ 1513
In previous proceedings, Contour, the defendant, had been found to have infringed Virgin Atlantic's patent for a specific design of aircraft seats which could be used as beds for long haul flights. In this reported decision, questions relating to, inter alia, a stay of the inquiry as to damages and the terms of the final injunction were before the Court of Appeal.
The Court of Appeal refused Contour's request for a stay of inquiry and held that a successful claimant is entitled to pursue an inquiry for damages even if there was a possibility of an appeal to a higher court.
Regarding the terms of the injunction, it was held that an injunction with a carve-out permitting Contour to continue manufacturing infringing products provided certain conditions were met was appropriate. The conditions required Contour to pay £10,000 to Virgin Atlantic for each infringing product manufactured, the parent company of Contour to give a guarantee and the buyer of the infringing products to give an undertaking that the planes concerned would not be used on a particular flight route which was already well-used by Virgin Atlantic.
Read the judgment (in English) here.