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Journal of Intellectual Property Law & Practice Advance Access originally published online on July 26, 2007
Journal of Intellectual Property Law & Practice 2007 2(9):579-580; doi:10.1093/jiplp/jpm121
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© The Author (2007). Published by Oxford University Press. All rights reserved

Current Intelligence

Res judicata in patent actions: is the law too entrenched?

Alex Batteson
Professional Support Lawyer Intellectual Property Department Linklaters, London, UK

Unilin Beheer v Berry Floor NV, Information Management Consultancy Limited (t/a Responsive Designs and/or Tapis UK) and B&Q plc [2007] EWCA Civ 364, Court of Appeal, 25 April 2007

The Court of Appeal rules that a patentee's entitlement to financial compensation following the final determination by a UK court that its patent is both valid and infringed cannot be undermined by the subsequent revocation of that patent in opposition proceedings in the EPO.

Correspondence: Email: alex.batteson{at}linklakers.com


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