Lufthansa Technik AG v Astronics Advanced Electronic Systems & Anor (Re Interest) [2025] EWHC 1034 (Pat) (30 April 2025)

Lufthansa Technik AG v Astronics Advanced Electronic Systems & Anor (Re Interest) [2025] EWHC 1034 (Pat) (30 April 2025)

The court has both equitable and statutory jurisdiction to award interest on an account of profits for patent infringement. Interest is awarded from the date of accrual of the cause of action, calculated at US Prime Rate for Astronics and Panasonic, and UK base rate plus 2% for Safran. No deduction for tax is appropriate. There was no unreasonable or unjustified delay by Lufthansa. Double recovery is addressed by recitals and liberty to apply.

Citation
[2025] EWHC 1034 (Pat)
Parties
Claimant: Lufthansa Technik AG; Defendant: Astronics Advanced Electronic Systems; Defendant: Safran Seats GB (Zodiac Seats UK Limited); Defendant: Panasonic Avionics Corporation
Jurisdiction
England and Wales
Judgment Date
30 April 2025
Procedural Posture
Patent Infringement/account of Profits / Post Trial, Determination of Interest and Consequential Matters
Outcome
Interest awarded to claimant on account of profits; no deduction for tax; double recovery managed by order recitals and liberty to apply.
Legal Topics
Account of Profits, Interest on Equitable Remedies, Double Recovery, Calculation of Damages, Jurisdiction to Award Interest
Intellectual Property Patents Restitution Account of Profits Interest on Equitable Remedies Double Recovery Calculation of Damages Jurisdiction to Award Interest

Case Brief

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Parties

Lufthansa Technik AG

Claimant

Astronics Advanced Electronic Systems

Defendant

Safran Seats GB (Zodiac Seats UK Limited)

Defendant

Panasonic Avionics Corporation

Defendant

Procedural Posture

Patent Infringement/account of Profits / Post Trial, Determination of Interest and Consequential Matters

Legal Issues

  1. 1 Whether the court has equitable jurisdiction to award interest on an account of profits for patent infringement
  2. 2 Whether interest can be awarded under section 35A of the Senior Courts Act 1981 on an account of profits
  3. 3 From what date and at what rate interest should be awarded

Ratio Decidendi

The court has both equitable and statutory jurisdiction to award interest on an account of profits for patent infringement. Interest is awarded from the date of accrual of the cause of action, calculated at US Prime Rate for Astronics and Panasonic, and UK base rate plus 2% for Safran. No deduction for tax is appropriate. There was no unreasonable or unjustified delay by Lufthansa. Double recovery is addressed by recitals and liberty to apply.

Court Disposition

Interest awarded to claimant on account of profits; no deduction for tax; double recovery managed by order recitals and liberty to apply.

Orders

  • Astronics to pay US $2,148,625 interest (plus any additional sum to judgment) at US Prime Rate on profits of US $4.42 million.
  • Panasonic to pay US $3,424,307 interest (plus any additional sum to judgment) at US Prime Rate on profits of US $7.384 million.