Lufthansa Technik AG [2020] EWHC 83 (Pat) (14 January 2020)

Lufthansa Technik AG [2020] EWHC 83 (Pat) (14 January 2020)

The application to withdraw the admission is refused because the defendants made the admission unprompted, withdrawal would cause substantive and procedural prejudice to the claimant (including loss of damages due to limitation and increased litigation burden), and the stage of proceedings is too late for such a withdrawal. The defendants' potential prejudice is mitigated by alternative routes for liability and the possibility of joint tortfeasance. The balance of justice favors maintaining the admission, except for a minor point regarding claim 7.

Citation
[2020] EWHC 83 (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
14 January 2020
Procedural Posture
Patent Infringement / Application to Withdraw Admission Prior to Trial
Outcome
Application to withdraw admission refused, except for claim 7 where withdrawal is allowed.
Legal Topics
Withdrawal of Admissions, Patent Infringement, Limitation Period, Joint Tortfeasance, Civil Procedure Rules
Intellectual Property Patents Withdrawal of Admissions Patent Infringement Limitation Period Joint Tortfeasance Civil Procedure Rules

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 / Application to Withdraw Admission Prior to Trial

Legal Issues

  1. 1 Whether defendants should be permitted to withdraw an admission regarding supply/importation for patent infringement purposes
  2. 2 Whether withdrawal would cause prejudice to claimant
  3. 3 Whether defendants have a real prospect of success if permitted to withdraw admission

Ratio Decidendi

The application to withdraw the admission is refused because the defendants made the admission unprompted, withdrawal would cause substantive and procedural prejudice to the claimant (including loss of damages due to limitation and increased litigation burden), and the stage of proceedings is too late for such a withdrawal. The defendants' potential prejudice is mitigated by alternative routes for liability and the possibility of joint tortfeasance. The balance of justice favors maintaining the admission, except for a minor point regarding claim 7.

Court Disposition

Application to withdraw admission refused, except for claim 7 where withdrawal is allowed.

Orders

  • Defendants not permitted to withdraw the admission regarding supply/importation, except in relation to claim 7.
  • Defendants permitted to withdraw the admission in relation to claim 7 only.