Lufthansa Technik AG v Astronics Advanced Electronic Systems & others [2022] EWCA Civ 20
The appeal concerned Lufthansa’s patent for an aircraft passenger in-seat power supply system. The three defendants Astronics, Panasonic and Safran, were responsible for manufacturing such systems, supplying them, and installing them into seats.
At trial, Morgan J had held the patent valid and infringed by all defendants ([2020] EWHC 1968 (Pat)). As well as conventional validity issues, the judgment 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.
The issues on appeal ([2022] EWCA Civ 20) concerned validity, and in particular the use of reference numerals in claim construction. The judgment provides an illustration of the principle that such use is permissible where it is for the purposes of orientation, or to “help you get the map the right way up”.
In an earlier interim decision regarding withdrawal of admissions ([2020] EWHC 83 (Pat)), the Court discussed 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.