Court of Appeal revisits account of profits for patent infringement
Four linked appeals in Lufthansa Technik's long-running patent litigation addressed how legal causation works when a patentee elects an account of profits.
In Lufthansa Technik AG v Astronics Advanced Electronic Systems and Safran Seats GB Limited, and Lufthansa Technik AG v Panasonic Avionics Corporation [2026] EWCA Civ 964, the Court of Appeal handed down judgment on 27 July 2026 after a four-day hearing.
Lord Justice Arnold, sitting with Lord Justice Lewison and Lord Justice Nugee, identified the principal issue as the correct approach to legal causation where the remedy sought is an account of profits for patent infringement, rather than damages.
The appeals also dealt with whether an agreement constituted an exclusive licence and what follows if it did, the risk of double recovery in parallel foreign proceedings, and interest. The patent in suit had already expired in 2018 – the fight was over the financial remedy.
A patent claim does not end at the finding of infringement. Quantum, remedy elections and appeals can outlast the patent itself, and the legal spend keeps accruing throughout the tail.
DEFENCE UP TO £5M · PURSUIT UP TO £1M IN YEAR ONE · PURSUIT ONLY WITH DEFENCE
SOURCE: Approved judgment (PDF)
Summarised for general information only. Nothing here is legal advice or a statement of policy terms – cover is subject to underwriting and the policy wording.