Lufthansa Technik AG v Astronics Advanced Electronic Systems & Anor [2023] EWHC 1136 (Pat) (12 May 2023)

Lufthansa Technik AG v Astronics Advanced Electronic Systems & Anor [2023] EWHC 1136 (Pat) (12 May 2023)

Lufthansa is permitted to raise additional allegations of infringement at the quantum/account stage, except for those specifically precluded by Morgan J's Order (the 'Adjourned Issues') and the new joint liability issue, as the order and its reasons make clear these cannot be pursued absent appeal. The test is justice and convenience, and here it is just and convenient to allow all but the precluded issues.

Citation
[2023] EWHC 1136 (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
12 May 2023
Procedural Posture
Patent Infringement / Post Liability Trial Application Regarding Scope of Quantum/account of Profits
Outcome
Application allowed in part; Lufthansa permitted to raise additional infringement allegations at quantum except for Adjourned Issues and the new joint liability issue.
Legal Topics
Patent Infringement, Account of Profits, Quantum Phase, Res Judicata, Abuse of Process, Case Management, Interpretation of Court Orders
Intellectual Property Patents Patent Infringement Account of Profits Quantum Phase Res Judicata Abuse of Process Case Management +1 more

Case Brief

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Parties

Lufthansa Technik AG

Claimant

Astronics Advanced Electronic Systems

Defendant

Safran Seats GB Limited

Defendant

Panasonic Avionics Corporation

Defendant

Procedural Posture

Patent Infringement / Post Liability Trial Application Regarding Scope of Quantum/account of Profits

Legal Issues

  1. 1 Whether Lufthansa can rely on additional routes to infringement at the quantum stage not determined at liability trial
  2. 2 Whether Lufthansa is prevented from advancing 'Adjourned Issues' by Morgan J's Order
  3. 3 Whether Lufthansa can introduce a new joint liability issue not previously alleged

Ratio Decidendi

Lufthansa is permitted to raise additional allegations of infringement at the quantum/account stage, except for those specifically precluded by Morgan J's Order (the 'Adjourned Issues') and the new joint liability issue, as the order and its reasons make clear these cannot be pursued absent appeal. The test is justice and convenience, and here it is just and convenient to allow all but the precluded issues.

Court Disposition

Application allowed in part; Lufthansa permitted to raise additional infringement allegations at quantum except for Adjourned Issues and the new joint liability issue.

Orders

  • Lufthansa may pursue additional routes to infringement at the account of profits stage, except for the Adjourned Issues and the new joint liability issue (paragraph 13B).
  • Adjourned Issues and the new joint liability issue are precluded unless Morgan J's Order is appealed and overturned.