Lufthansa Technik AG v Astronics Advanced Electronic Systems & Ors

Lufthansa Technik AG v Astronics Advanced Electronic Systems & Ors

Morgan J's order, properly interpreted in light of its wording and reasons, precluded Lufthansa from advancing the Adjourned Issues on the account of profits, as those issues were found to be abandoned and no liberty to apply was granted. Relief from sanction for late appeal was refused due to the seriousness and significance of the delay, lack of good reason, and absence of compelling circumstances.

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
11 October 2024
Procedural Posture
Civil Appeal (intellectual Property/patents) / Appeal From High Court (patents Court) to Court of Appeal; Application for Permission to Appeal and Relief From Sanction
Outcome
Appeal dismissed; permission to appeal granted but relief from sanction refused.
Legal Topics
Patent Infringement, Account of Profits, Relief From Sanction, Interpretation of Court Orders, Costs Orders
Intellectual Property Civil Procedure Patent Infringement Account of Profits Relief From Sanction Interpretation of Court Orders Costs Orders

Case Brief

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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 (intellectual Property/patents) / Appeal From High Court (patents Court) to Court of Appeal; Application for 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 for late appeal against Morgan J's order

Ratio Decidendi

Morgan J's order, properly interpreted in light of its wording and reasons, precluded Lufthansa from advancing the Adjourned Issues on the account of profits, as those issues were found to be abandoned and no liberty to apply was granted. Relief from sanction for late appeal was refused due to the seriousness and significance of the delay, lack of good reason, and absence of compelling circumstances.

Court Disposition

Appeal dismissed; permission to appeal granted but relief from sanction refused.

Orders

  • Lufthansa is precluded from advancing the Adjourned Issues on the account of profits.
  • Application for relief from sanction and extension of time for appeal refused.