Lufthansa Technik AG v Astronics Advanced Electronic Systems & Anor

Lufthansa Technik AG v Astronics Advanced Electronic Systems & Anor

The profits made by Astronics, Panasonic, and Safran from the sale and installation of EmPower Fusion systems and related components were not legally caused by the infringement of Lufthansa's patent, as the patent was not the proximate cause of those profits. Multiple technical and commercial factors, including power management technology, product weight, reliability, and customer relationships, drove sales. The patent was necessary but not sufficient for certification and market access. Apportionment is appropriate, and the share of profits attributable to the patent is determined by reference to the royalty rate in the 2014 Teaming Agreement with KID, resulting in 13% of net profits...

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
24 February 2025
Procedural Posture
Account of Profits Following Patent Infringement Judgment / Final Judgment After Full Trial on Account
Outcome
Profits apportioned; account of profits ordered against all defendants for apportioned sums only; no deduction for KID's alleged share; no finding of total profits liability.
Legal Topics
Patent Infringement, Account of Profits, Apportionment, Indirect Infringement, Non Infringing Alternatives, Legal Causation, Remoteness, Exclusive Licence, Sole Licence, Certification Requirements, Convoyed Goods, Royalty Apportionment
Intellectual Property Patents Commercial Law Patent Infringement Account of Profits Apportionment Indirect Infringement Non Infringing Alternatives +7 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

Account of Profits Following Patent Infringement Judgment / Final Judgment After Full Trial on Account

Legal Issues

  1. 1 Whether the defendants' profits from sales of EmPower Fusion systems and related components were caused by infringement of Lufthansa's patent and to what extent such profits should be apportioned to the use of the invention; whether Astronics could have supplied a non-infringing alternative; whether Panasonic is liable for indirect infringement; whether profits should be further apportioned due to the 1998 Teaming Agreement with KID; whether Safran's profits are attributable to infringement.

Ratio Decidendi

The profits made by Astronics, Panasonic, and Safran from the sale and installation of EmPower Fusion systems and related components were not legally caused by the infringement of Lufthansa's patent, as the patent was not the proximate cause of those profits. Multiple technical and commercial factors, including power management technology, product weight, reliability, and customer relationships, drove sales. The patent was necessary but not sufficient for certification and market access. Apportionment is appropriate, and the share of profits attributable to the patent is determined by reference to the royalty rate in the 2014 Teaming Agreement with KID, resulting in 13% of net profits...

Court Disposition

Profits apportioned; account of profits ordered against all defendants for apportioned sums only; no deduction for KID's alleged share; no finding of total profits liability.

Orders

  • Astronics to account for and pay US $4.42 million to Lufthansa.
  • Panasonic to account for and pay US $7.384 million to Lufthansa.