Well Lead Medical Co Limited v CJ Medical Limited
Damages are an adequate remedy for the Claimant; evidence does not support imminent price war or unquantifiable loss. Defendant had already commenced trading before application date, so status quo weighs against injunction. Balance of convenience and adequacy of damages do not justify interim relief.
- Parties
- Claimant: Well Lead Medical Co., Limited; Defendant: CJ Medical Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 11 December 2024
- Procedural Posture
- Patent Infringement / Application for Interim Injunctive Relief
- Outcome
- Application for interim injunctive relief refused
- Legal Topics
- Interim Injunctions, Patent Infringement, Adequacy of Damages, Balance of Convenience
Case Brief
Summary, issues, holding and outcome
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Parties
Well Lead Medical Co., Limited
Claimant
CJ Medical Limited
Defendant
Procedural Posture
Patent Infringement / Application for Interim Injunctive Relief
Legal Issues
- 1 Whether interim injunctive relief should be granted to restrain alleged patent infringement
- 2 Adequacy of damages for both parties
- 3 Impact of loss of market exclusivity and price depression
Ratio Decidendi
Damages are an adequate remedy for the Claimant; evidence does not support imminent price war or unquantifiable loss. Defendant had already commenced trading before application date, so status quo weighs against injunction. Balance of convenience and adequacy of damages do not justify interim relief.
Court Disposition
Application for interim injunctive relief refused
Orders
- No interim injunction granted
- Claimant's application dismissed
Full Case Text
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