Article summary
IP analysis: This case (a procedural ruling made by a recorder sitting as a High Court judge) is the latest in a series of reported decisions made in a complex patent lawsuit instituted in the English High Court of Justice in 2020 by Lufthansa Technik AG (‘Lufthansa Technik’), a maintenance and repair subsidiary of the German airline. Having won at the liability trial and having elected an account of profits, the claimant now sought to rely on additional ways of putting its infringement case that had not been decided at trial. This was contested by the defendants, who argued that the claimant should be held to those acts of infringement on which it had succeeded at trial; but, save for certain specific issues that the trial judge’s order had excluded, the court ruled in the claimant’s favour. Written by Dr Jonathan Cornthwaite, consultant at Wedlake Bell LLP, London.
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