Lufthansa Technik AG v Astronics Advanced Electronic Systems & Anor

Lufthansa Technik AG v Astronics Advanced Electronic Systems & Anor

The court has both equitable and statutory jurisdiction to award interest on an account of profits for patent infringement. Interest should run from the accrual of the cause of action, calculated at US Prime Rate for Astronics and Panasonic, and UK base rate plus 2% for Safran, with no reduction for tax. There was no unreasonable or unjustifiable delay by Lufthansa. The award is final, not provisional, as there is no jurisdiction or sufficient risk of double recovery to justify a provisional order or liberty to apply.

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
Account of Profits After Patent Infringement Trial / Post Trial Judgment on Interest, Final Orders, and Double Recovery
Outcome
Interest awarded to claimant; application for provisional award refused; final orders made.
Legal Topics
Account of Profits, Interest on Judgment, Double Recovery, Jurisdiction to Award Interest, Cross Border Enforcement
Intellectual Property Patents Civil Procedure Account of Profits Interest on Judgment Double Recovery Jurisdiction to Award Interest Cross Border Enforcement

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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

Account of Profits After Patent Infringement Trial / Post Trial Judgment on Interest, Final Orders, and Double Recovery

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 against each defendant

Ratio Decidendi

The court has both equitable and statutory jurisdiction to award interest on an account of profits for patent infringement. Interest should run from the accrual of the cause of action, calculated at US Prime Rate for Astronics and Panasonic, and UK base rate plus 2% for Safran, with no reduction for tax. There was no unreasonable or unjustifiable delay by Lufthansa. The award is final, not provisional, as there is no jurisdiction or sufficient risk of double recovery to justify a provisional order or liberty to apply.

Court Disposition

Interest awarded to claimant; application for provisional award refused; final orders made.

Orders

  • Astronics to pay US $2,148,625 interest at US Prime Rate, subject to adjustment for period to 3 April 2025.
  • Panasonic to pay US $3,424,307 interest at US Prime Rate, subject to adjustment for period to 3 April 2025.