Lufthansa Technik AG v. Astronics Corporation

U.S. District Court, WDNY
Duplicative Litigation

Court Authority to Dismiss

Lufthansa Technik AG v. Astronics Corporation
11-cv-628A
Judge Arcara

Background: The plaintiff sued the defendant, a Washington State company, in Germany for patent infringement. The plaintiff sought discovery from a parent company of the defendant. It is the same discovery the plaintiff seeks from the defendant in the case that is currently pending in the Western District of Washington. The defendant opposed the discovery as unduly broad and burdensome, as well as an attempt to circumvent German court procedures.

Ruling: The court dismissed the case sua sponte. The court found that the case before it was duplicative of the case before the Western District Court of Washington. The plaintiff conceded that the discovery sought was duplicative and the court found that the Washington court had jurisdiction over both parties. The court held that the District Court of Washington should address the issue.

Preston Lee Zarlock of Phillips Lytle LLP, Lawrence D. Rosenberg and Susan Marie Gerber of Jones Day for the plaintiff; Jessica L. Copeland of Hodgson Russ LLP, Gregory S. Rosenblatt and Joseph V. Saphia of Wiggin & Dana LLP for the defendant