The decision of the Court of Appeal for England and Wales in Virgin Atlantic v Premium Aircraft Interiors is expected this Thursday. At first instance Mr Justice Lewison held that Virgin had failed to show that Contour infringed either its unregistered design right or its patent relating to the airline's business class seating system. In the course of his lengthy and carefully worded decision Mr Justice Lewison reiterated the difficulty of interpreting the unregistered designs provision of section 213 of the Copyright, Designs and Patents Act 1988 and reviewed the role of the expert witness in design infringement proceedings. Class 99 awaits the outcome with excitement.
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