Cloud Cycle Limited v Verifi LLC & Anor
[2024] EWHC 233 (IPEC)
Well Lead Medical Co Limited v CJ Medical Limited
26 April 2024
[2024] EWHC 951 (IPEC)
High Court
A company sued another for copying its medical device. The judge refused to stop the copycat company from selling, saying that money (damages) would be enough to make things right for both sides if the original company later wins the case. The copycat company had already started selling, making it harder to argue that things should be put back to how they were before the copycat started selling.
Key Facts
- •Well Lead Medical Co., Limited (Claimant) sought an interim injunction against CJ Medical Limited (Defendant) to restrain the sale of the "Seplou Sheath", a ureteral access sheath (UAS) in the UK.
- •The Claimant alleged the Seplou Sheath infringed its patent EP(UK) 3 760 143 B1.
- •The Defendant denied infringement and counterclaimed for invalidity.
- •A dispute arose over whether the Claimant was the patent proprietor and the extent of the Defendant's dealings in the Seplou Sheath.
- •Both parties are suppliers under the NHS endourology Framework Agreement.
Legal Principles
American Cyanamid test for interim injunctions: (1) serious question to be tried; (2) adequacy of damages for Claimant; (3) adequacy of damages for Defendant; (4) balance of convenience.
American Cyanamid v Ethicon [1975] AC 396; Neurim Pharmaceuticals (1991) Ltd v Generics UK Ltd [2020] EWCA Civ 793
Damages must be adequate, not perfect; court shouldn't assume inadequacy and jump to balance of convenience; no 'mini-trial' at Stage 1.
Neurim Pharmaceuticals (1991) Ltd v Generics UK Ltd [2020] EWCA Civ 793
Status quo assessed immediately before proceedings or application notice.
Frank Industries Pty Ltd v Nike Retail BV [2108] EWCA Civ 497
Damages include harm not normally recoverable; protection against violation of any right where damages inadequate.
Neurim Pharmaceuticals (1991) Ltd & Anr v Teva UK Ltd [2022] EWHC 954 (Pat)
Court should critically assess evidence.
Neurim Pharmaceuticals (1991) Ltd v Generics UK Ltd [2020] EWCA Civ 793
In patent infringement cases, court shouldn't assume validity and infringement or the opposite.
Defendant's submission
Outcomes
Interim injunction refused.
Damages were found to be an adequate remedy for both the Claimant and the Defendant. The Defendant had already commenced sufficient trading before the application, meaning the status quo did not support an injunction.
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