Lufthansa Technik AG v Astronics Advanced Electronic Systems & Ors [2020] EWHC 2296 (Pat) (21 August 2020)

Lufthansa Technik AG v Astronics Advanced Electronic Systems & Ors [2020] EWHC 2296 (Pat) (21 August 2020)

The claimant, having succeeded on the main issues of patent validity and infringement, is entitled to recover all its costs, including those relating to the adjourned issues, as these were alternative arguments in support of its case. None of the defendants' grounds of appeal have a real prospect of success; therefore, permission to appeal is refused.

Citation
[2020] EWHC 2296 (Pat)
Parties
Claimant: Lufthansa Technik AG; Defendant: Astronics Advanced Electronic Systems; Defendant: Safran Seats GB Limited; Defendant: Panasonic Avionics Corporation
Jurisdiction
England and Wales
Judgment Date
21 August 2020
Procedural Posture
Patent Infringement and Validity Proceedings / Post Judgment; Determination of Order, Costs, and Permission to Appeal
Outcome
Claimant awarded costs (less 2% for claim 7); permission to appeal refused.
Legal Topics
Patent Infringement, Patent Validity, Costs, Permission to Appeal
Intellectual Property Patents Patent Infringement Patent Validity Costs Permission to Appeal

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 2 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Lufthansa Technik AG

Claimant

Astronics Advanced Electronic Systems

Defendant

Safran Seats GB Limited

Defendant

Panasonic Avionics Corporation

Defendant

Procedural Posture

Patent Infringement and Validity Proceedings / Post Judgment; Determination of Order, Costs, and Permission to Appeal

Legal Issues

  1. 1 Whether the claimant is entitled to recover all its costs including those relating to adjourned issues
  2. 2 Whether the defendants should be granted permission to appeal

Ratio Decidendi

The claimant, having succeeded on the main issues of patent validity and infringement, is entitled to recover all its costs, including those relating to the adjourned issues, as these were alternative arguments in support of its case. None of the defendants' grounds of appeal have a real prospect of success; therefore, permission to appeal is refused.

Court Disposition

Claimant awarded costs (less 2% for claim 7); permission to appeal refused.

Orders

  • Claimant to recover all its costs except 2% relating to claim 7 of the Patent.
  • Adjourned Issues do not need to be determined.