Lufthansa Technik AG v Astronics Advanced Electronic Systems & others [2020] EWHC 1968 (Pat)
Lufthansa was the owner of a patent for an aircraft passenger in-seat power supply system. Astronics manufactured such systems, Safran installed them into airline seats, and Panasonic supplied in-flight entertainment systems incorporating power supplies. Following a remote trial conducted over 6 days via Zoom in late June 2020, Morgan J held the patent valid and infringed by all defendants.
As well as conventional validity issues, the case involved a defence to infringement on the basis that the supply of a kit of parts did not amount to the supply of a product falling within the claim. In determining that issue, Morgan J applied the Rotocrop v Genbourne principle by which a supplier of a kit of parts for assembly may be held jointly liable for infringement with the assembling consignee.
In an earlier interim decision in the Action ([2020] EWHC 83 (Pat)), the parties contested an application for permission to withdraw admissions made in an earlier Statement of Case. The Court considered in particular the relevant prejudice that should be taken into account.
Hugo Cuddigan QC and Christopher Hall acted for Lufthansa. Piers Acland QC acted for Astronics, Safran and Panasonic.