![IP-2024-000024 - [2024] EWHC 951 (IPEC)](https://backend.juristeca.com/files/emisores/logo_AacSvIO.png){kind=logo}
Heading
Rolls Building
Fetter Lane
London, EC4A 1NL
Before :
MISS CHARLOTTE MAY KC
(Sitting as a Deputy Judge of the High Court)
Between:
WELL LEAD MEDICAL CO., LIMITED (a company incorporated under the laws of China) | Claimant |
- and – | |
CJ MEDICAL LIMITED | Defendant |
Mr Richard Davis KC and Mr Nick Zweck (instructed by Clyde & Co LLP) for the Claimant
Mr Guy Tritton (instructed by N.J.Akers & Co Ltd) for the Defendant
Hearing date: 10 April 2024
APPROVED JUDGMENT
Remote hand-down: This judgment will be handed down remotely by circulation to the parties or their representatives by email and release to The National Archives. A copy of the judgment in final form as handed down should be available on The National Archives website shortly thereafter but can otherwise be obtained on request by email to the Judicial Office ([email protected]).
- Heading
- Miss Charlotte May KC (sitting as a Deputy High Court Judge)
- Background
- Applicable Legal Principles
- Is the Claimant the proprietor of the Patent?
- Quality of the Defendant’s evidence
- Trial Listing
- Stage 1: Serious issue to be tried?
- Stage 2: Are damages an adequate remedy for the Claimant?
- Loss of Market Exclusivity
- Defendant’s alleged derogatory statements
- Price Depression
- Quantification of damage
- Stage 3: If not, are damages an adequate remedy for the Defendant?
- Lost sales of convoyed goods
- Reputational Damage
- Difficulty in enforcing a judgment in China for damages under the cross-undertaking
- Stage 4: If damages are not an adequate remedy for either side, where does the balance of convenience lie?
- Conclusions