Lufthansa Technik AG v Astronics Advanced Electronic Systems & Anor [2024] EWHC 1918 (Pat) (25 July 2024)

Lufthansa Technik AG v Astronics Advanced Electronic Systems & Anor [2024] EWHC 1918 (Pat) (25 July 2024)

Permission granted for Defendants to rely on Notice of Experiments, subject to directions for repetition, reply experiments, and further expert evidence. Permission to re-re-amend Points of Defence granted in part; disputed amendments relating to certification causation and power management architecture allowed. Court finds procedural burden imposed by experiments justified given complexity and scope of issues. Apportionment and causation issues to be determined at quantum trial; parties entitled to disclosure and evidence on middle ground between 0% and 100% apportionment.

Citation
[2024] EWHC 1918 (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
25 July 2024
Procedural Posture
Patent Infringement/account of Profits / Interlocutory Application for Permission to Re Re Amend Defence and Rely on Notice of Experiments
Outcome
Application granted in part
Legal Topics
Patent Infringement, Account of Profits, Apportionment, Convoyed Goods, Causation, Certification, Disclosure
Intellectual Property Patents Patent Infringement Account of Profits Apportionment Convoyed Goods Causation Certification +1 more

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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 / Interlocutory Application for Permission to Re Re Amend Defence and Rely on Notice of Experiments

Legal Issues

  1. 1 Whether Defendants may re-re-amend Points of Defence and rely on Notice of Experiments
  2. 2 Scope of profits recoverable for patent infringement
  3. 3 Apportionment of profits between infringing and non-infringing components/services

Ratio Decidendi

Permission granted for Defendants to rely on Notice of Experiments, subject to directions for repetition, reply experiments, and further expert evidence. Permission to re-re-amend Points of Defence granted in part; disputed amendments relating to certification causation and power management architecture allowed. Court finds procedural burden imposed by experiments justified given complexity and scope of issues. Apportionment and causation issues to be determined at quantum trial; parties entitled to disclosure and evidence on middle ground between 0% and 100% apportionment.

Court Disposition

Application granted in part

Orders

  • Permission granted to Defendants to re-re-amend Points of Defence as per RRAPOD, including disputed amendments on certification and power management.
  • Permission granted to rely on Notice of Experiments, subject to directions for repetition, reply experiments, and further expert evidence.