LUFTHANSA TECHNIK AG v ASTRONICS ADVANCED ELECTRONIC SYSTEMS & Anor.

LUFTHANSA TECHNIK AG v ASTRONICS ADVANCED ELECTRONIC SYSTEMS & Anor.

Lufthansa is permitted to raise additional allegations of infringement at the quantum/account of profits stage, except for the adjourned issues, which are barred by the terms and reasoning of Morgan J's Order. The new issue sought to be introduced by Lufthansa is also barred as it relies on an adjourned issue.

Parties
Claimant: Lufthansa Technik AG; Respondent: Astronics Advanced Electronic Systems; Respondent: Safran Seats GB Limited; Defendant: Panasonic Avionics Corporation
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Patent Infringement (account of Profits Phase) / Post Liability, Application to Amend Scope of Quantum/account of Profits Inquiry
Outcome
Application allowed in part, dismissed in part
Legal Topics
Patent Infringement, Account of Profits, Split Trials, Res Judicata, Abuse of Process, Case Management
Intellectual Property Patents Patent Infringement Account of Profits Split Trials Res Judicata Abuse of Process Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

Lufthansa Technik AG

Claimant

Astronics Advanced Electronic Systems

Respondent

Safran Seats GB Limited

Respondent

Panasonic Avionics Corporation

Defendant

Procedural Posture

Patent Infringement (account of Profits Phase) / Post Liability, Application to Amend Scope of Quantum/account of Profits Inquiry

Legal Issues

  1. 1 Whether Lufthansa can rely on additional routes to infringement at the quantum stage not decided at the liability trial
  2. 2 Whether Lufthansa is prevented from advancing adjourned issues by reason of the Order made by Morgan J
  3. 3 Whether Lufthansa can introduce a new issue not previously alleged

Ratio Decidendi

Lufthansa is permitted to raise additional allegations of infringement at the quantum/account of profits stage, except for the adjourned issues, which are barred by the terms and reasoning of Morgan J's Order. The new issue sought to be introduced by Lufthansa is also barred as it relies on an adjourned issue.

Court Disposition

Application allowed in part, dismissed in part

Orders

  • Lufthansa permitted to raise additional allegations of infringement at the quantum/account of profits stage, except for adjourned issues and the new issue pleaded in paragraph 13B.
  • Lufthansa barred from raising adjourned issues and the new issue relying on adjourned issues unless it appeals Morgan J's Order.