12 May 2007

UK - Patent damages not refunded if EPO cancels patent

(OUT-LAW News)
Damages for patent infringement awarded by a UK court must not be paid back even if the patent is later declared invalid by the European Patent Office (EPO), the Court of Appeal has ruled. The Court was addressing the question of which body has the final say in a patent case, a UK court or the EPO. It ruled that when the UK courts system is exhausted and an order is made that damages must be paid, that order cannot be overturned because of actions at the EPO.