![IP-2024-000024 - [2024] EWHC 951 (IPEC)](https://backend.juristeca.com/files/emisores/logo_AacSvIO.png){kind=logo}
Trial Listing
Trial Listing
Before I address the stages of American Cyanamid, it is convenient to say something about the trial listing, as it feeds into my analysis below. At the hearing, the parties indicated that they could be ready for trial by January 2025. Counsel for the Claimant floated the idea of a speedy trial but did not make a formal application for one. After the hearing I made enquiries of IPEC listings and ascertained that it would be possible to list the trial next January even without a speedy trial. I understand that the trial date has been or is in the process of being listed for January 2025.
- 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