Lufthansa Technik AG v Astronics Advanced Electronic Systems & Ors [2023] EWCA Civ 1306 (09 November 2023)

Lufthansa Technik AG v Astronics Advanced Electronic Systems & Ors [2023] EWCA Civ 1306 (09 November 2023)

Morgan J's order, properly construed in light of its wording and the judge's reasons, precluded Lufthansa from advancing the Adjourned Issues on the account of profits. Lufthansa had abandoned those issues, and the order did not preserve any liberty to apply in respect of them. Relief from sanction for late appeal was refused due to the seriousness and significance of the delay, absence of good reason, and lack of compelling circumstances.

Citation
[2023] EWCA Civ 1306
Parties
Claimant/appellant: Lufthansa Technik AG; First Defendant/respondent: Astronics Advanced Electronic Systems; Second Defendant/respondent: Safran Seats GB Limited; Third Defendant/respondent: Panasonic Avionics Corporation
Jurisdiction
England and Wales
Judgment Date
09 November 2023
Procedural Posture
Civil Appeal (patents/infringement) / Court of Appeal Judgment on Permission to Appeal and Relief From Sanction
Outcome
Permission to appeal granted; appeal dismissed; relief from sanction refused; extension of time to appeal refused.
Legal Topics
Patent Infringement, Account of Profits, Interpretation of Court Orders, Relief From Sanction, Costs Orders
Intellectual Property Civil Procedure Patent Infringement Account of Profits Interpretation of Court Orders Relief From Sanction Costs Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 17 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Lufthansa Technik AG

Claimant/appellant

Astronics Advanced Electronic Systems

First Defendant/respondent

Safran Seats GB Limited

Second Defendant/respondent

Panasonic Avionics Corporation

Third Defendant/respondent

Procedural Posture

Civil Appeal (patents/infringement) / Court of Appeal Judgment on Permission to Appeal and Relief From Sanction

Legal Issues

  1. 1 Whether Lufthansa is precluded by Morgan J's order from advancing the Adjourned Issues on the account of profits
  2. 2 Whether relief from sanction should be granted to Lufthansa for late appeal against Morgan J's order

Ratio Decidendi

Morgan J's order, properly construed in light of its wording and the judge's reasons, precluded Lufthansa from advancing the Adjourned Issues on the account of profits. Lufthansa had abandoned those issues, and the order did not preserve any liberty to apply in respect of them. Relief from sanction for late appeal was refused due to the seriousness and significance of the delay, absence of good reason, and lack of compelling circumstances.

Court Disposition

Permission to appeal granted; appeal dismissed; relief from sanction refused; extension of time to appeal refused.

Orders

  • Lufthansa is precluded from advancing the Adjourned Issues on the account of profits.
  • Relief from sanction and extension of time to appeal Morgan J's order are refused.