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Legal News

Virgin Atlantic Airways Ltd v Zodiac Seats UK Ltd—Res judicata and cause of action estoppel

Published on: 15 July 2013

Table of contents

  • Original news
  • This litigation has been a long-running saga, but for those who have not followed it closely, which aspects caused it to reach the Supreme Court?
  • What is the significance of the decision in relation to the Unilin point and res judicata?
  • What does this case do to abuse of process arguments and the Henderson v Henderson principle?
  • What effect will this decision have on practice in relation to stays pending EPO oppositions?
  • Are there any other aspects of this decision which have wider significance?
  • Is there anything patent owners or revoking parties will need to do differently as a result of this decision?

Article summary

IP & IT analysis: How will the court approach applying the principles of res judicata and cause of action estoppel? The implications of the recent Supreme Court decision in Virgin Atlantic Airways v Zodiac Seats UK are considered by Gordon Harris, head of intellectual property at Wragge & Co, who acted for Zodiac Seats Limited.

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