Accounting For Profits ' Interest And Double Recovery In Lufthansa v Astronics And Panasonic

• Published date: 03 December 2025
• Subject Matter: Intellectual Property, Patent
• Law Firm: Herbert Smith Freehills Kramer LLP
• Author: David Webb, Rachel Montagnon and Andrzej Fanner Brzezina

Choosing to claim damages or an account of profits at the end of any intellectual property dispute is a difficult decision. It is typically driven by which the patentee thinks will lead to the higher recovery but that is often uncertain when it makes its decision.

In the UK, decisions relating to financial remedies are few and far between, as parties often simply settle once the main infringement action has been resolved (and in light of the final injunction awarded). Cases involving an assessment of an account of profits are even more rare, which is what makes this decision in the Lufthansa case so interesting.

In February 2025 the High Court made a provisional award as to the quantum of the account of profits between the defendants as follows: Astronics - US $4.42 million; Panasonic - US $7.384 million; Safran - US $81,800 (Lufthansa Technik AG v Astronics Advanced Electronic Systems [2025] EWHC 375 (Pat)). This followed from earlier proceedings finding infringement of Lufthansa's patent for an aeroplane cabin power supply system (Lufthansa Technik AG v Astronics Advanced Electronic Systems [2020] EWHC 1968 (Pat) and [2022] EWCA Civ 20). In April 2025 Mr Justice Leech decided the remaining outstanding issues on quantum (Lufthansa Technik AG v Astronics Advanced Electronic Systems [2025] EWHC 1034 (Pat)), finding that:

1. the Court had both equitable and statutory jurisdiction to award interest on profits for patent infringement;
2. given its jurisdiction, the Court should exercise its discretion to award interest; and
3. the Court only had jurisdiction to make a final, rather than provisional award on account of profits. Even if it had jurisdiction, the Court would not exercise its discretion to make a provisional award.

The Court accordingly ordered Astronics, Panasonic, and Safran (the "Defendants") to pay interest of approximately US $6 million on that account of profits. Thus, Lufthansa's total recovery on the account of profits (including interest) amounted to ~US $18 million, which is substantial in the context of previous UK awards on quantum in standard patent cases.

Taken together, these decisions help to clarify the general principles that apply to an account of profits, which is still a relatively uncommon method of recovery in UK patent cases, and provide guidance on the Court's approach where there is a risk of overlapping recovery in other jurisdictions for the same infringement ("double recovery").

Key takeaways

This ruling confirms that a...