Lufthansa Technik AG v Astronics Advanced Electronic Systems & Anor

Lufthansa Technik AG v Astronics Advanced Electronic Systems & Anor

Permission to make the disputed late amendments to the defence is refused except for discrete amendments relating to the location of plug detectors and the Intellicabin alternative design. The amendments were very late, would cause prejudice to Lufthansa, threaten the trial date, and were not justified by a good reason for delay. The amendments would require further disclosure and evidence, and some were incoherent or unclear. Permission to rely on the Notice of Experiments is granted subject to directions and timetable. Time for service of two expert reports is extended.

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
25 July 2024
Procedural Posture
Patent Infringement and Account of Profits / Application for Permission to Re Re Amend Defence and Rely on Further Experiments
Outcome
Permission to amend refused except for discrete amendments; permission to rely on Notice of Experiments granted with directions; extension of time for expert reports granted.
Legal Topics
Amendment of Pleadings, Account of Profits, Causation, Apportionment, Late Amendments, Convoyed Goods
Intellectual Property Patents Amendment of Pleadings Account of Profits Causation Apportionment Late Amendments Convoyed Goods

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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 and Account of Profits / Application for Permission to Re Re Amend Defence and Rely on Further Experiments

Legal Issues

  1. 1 Whether to grant permission for late amendments to the defence including new causation and alternative design cases
  2. 2 Whether the proposed amendments would cause prejudice and threaten the trial date
  3. 3 Whether the amendments require further disclosure and evidence

Ratio Decidendi

Permission to make the disputed late amendments to the defence is refused except for discrete amendments relating to the location of plug detectors and the Intellicabin alternative design. The amendments were very late, would cause prejudice to Lufthansa, threaten the trial date, and were not justified by a good reason for delay. The amendments would require further disclosure and evidence, and some were incoherent or unclear. Permission to rely on the Notice of Experiments is granted subject to directions and timetable. Time for service of two expert reports is extended.

Court Disposition

Permission to amend refused except for discrete amendments; permission to rely on Notice of Experiments granted with directions; extension of time for expert reports granted.

Orders

  • Permission to amend paragraphs 23f.ii and 23f.iv.2 of the defence (location of plug detectors and Intellicabin alternative design) granted.
  • Permission to rely on Notice of Experiments granted subject to agreed timetable and directions.