Virgin Atlantic loses design rights and patent claims over flatbed seats
29th January 2009
Airline Virgin Atlantic has lost its claim that a rival airline's seat infringed its intellectual property rights.
Virgin Atlantic's patent design rights were not infringed by a design produced by Virgin's seat design contractor for a rival, the High Court said.
The dispute centred on the design of aeroplane seats that fold down into beds. Flatbed seats were introduced by British Airways in 1996 and other airlines rushed to create their own versions of the innovation.
The seats are seen by airlines as being very important for attracting and retaining high-paying first- and business-class passengers. The High Court heard that Virgin Atlantic's introduction of the flatbed seat resulted in a market-share increase of 12% on long-haul routes.
Virgin Atlantic had claimed an unregistered design right in the seat, which gives it the sole right to engage in commercial production according to that design.
Mr Justice Lewison said that because the unusual parts of the seat were independently designed, the design right claim must fail.
To read the full article go to out-law.com