London Court of Appeal: Unilin vs. Berry

Waregem, Belgium, November 17, 2005--On November 3, 2005, the London Court of Appeal rendered a procedural judgement in the case that Unilin had initiated back in 2003 against Berry on the basis of Unilin’s second European patent (EP 1024234). It was decided that this patent was written with reasonable skill and knowledge. According to UK patent law, this is one of the conditions to determine whether a patentee is entitled to damages in case a court finds the patent to be infringed. No decision on damages has been taken so far. Berry said that the case is based on an old Välinge profile (so called angle-snap system) which is no longer being produced by Berry. Berry switched in 2002 to a new and improved profile and method of installation (so called angle-angle system). Patents on this new profile have been granted in the United States and in Europe as well. Unilin and its lawyers have expressly acknowledged that this new Berryloc profile does not infringe upon said UK-patent. Berry together with several other companies involved in an opposition proceeding before the European Patent Office (EPO) against this aforementioned Unilin patent. Berry has good hope for the upcoming proceedings before the European Patent Office with respect to a further limitation or invalidation of said patent. As long as there is no final decision of the EPO regarding the validity and the scope of this patent, the further development of the UK-case remains uncertain. Berry will continue to act against this judgement.