The report is missing some vital details ...
.. but we can guess that the defendants asked for, but were not given, a delay in the patent infingment case pending the outcome of the EPO re-examination. This decision in itself must be seen to be a crock of s**t !
As it is, it sounds like :
B&Q: But we believe the patent is invalid and have begun proceedings to have it cancelled.
Judge: No delay, you will have to pay the damages.
EPO: yes the patent is invalid.
B&Q: So, just like we said, the patent is invalid.
Appeal Judge: But tough - we wouldn't allow the case to be held over pending this decision and we won't order a repayment of the money.
If this was a commercial transaction it would be seen for the scam that it is, this is very bad ruling.
Now, had the defendants NOT been challenging the petent when the original case was going though court then I'd agree with this "non repayment" position. But as it is it sounds like the original court refused to wait for the decision and now the system is held up for the laughing stock that it is.