Lufthansa Technik AG

Lufthansa Technik AG

Withdrawal of the admission would cause substantive and procedural prejudice to the claimant, including loss of damages due to limitation, and would undermine the litigation culture promoted by the CPR. The defendants made the admission unprompted, and the prospects of success for their argument do not outweigh the prejudice caused. Application to withdraw admission is refused except for claim 7, where withdrawal is permitted as it is a minor point.

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 Before Trial
Outcome
Application to withdraw admission refused except for claim 7, where withdrawal is permitted.
Legal Topics
Withdrawal of Admissions, Joint Tortfeasance, Limitation Period, Supply and Importation Under Patent Law
Intellectual Property Patent Law Withdrawal of Admissions Joint Tortfeasance Limitation Period Supply and Importation Under Patent Law

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 Before Trial

Legal Issues

  1. 1 Whether defendants should be permitted to withdraw admissions regarding supply/importation in the UK
  2. 2 Prejudice to claimant if admission withdrawn
  3. 3 Prospects of success for defendants if admission withdrawn

Ratio Decidendi

Withdrawal of the admission would cause substantive and procedural prejudice to the claimant, including loss of damages due to limitation, and would undermine the litigation culture promoted by the CPR. The defendants made the admission unprompted, and the prospects of success for their argument do not outweigh the prejudice caused. Application to withdraw admission is refused except for claim 7, where withdrawal is permitted as it is a minor point.

Court Disposition

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

Orders

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