We acted for one of the Defendants in this complex patent litigation.

The case raised the question: will a damages award, made by a UK Court in an action for patent infringement, remain enforceable if the patent in question is later held by the EPO to be invalid? (Unilin Beheer BV v Berry Floor NV & Anor).

The Court took a practical approach, placing great emphasis on the "... very, very strong public interest in the finality of litigation", and held that, in these circumstances, the damages award made by the UK Court will remain enforceable.

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