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| Royal Cornwall Hospital Author Tony Atkin Licence CC BY-SA 2.0 Deed Source Wikimedia Commons |
In Interim Injunction Applications in IPEC - Well Lead Medical Co Ltd v CJ Medical Ltd which I posted to NIPC Law on 5 May 2024 I discussed Miss Charlotte May KC's judgment in Well Lead Medical Co Ltd v CJ Medical Ltd [2024] EWHC 951, This was an application by the owner of EP (UK) 3 760 143 B1 for an interim injunction to restrain the alleged infringement of the patent by the marketing and sale of an ureteral access sheath known as the "Seplou Sheath" until after judgment in the action and counterclaim.
The application failed because the learned deputy judge held that the claimant would be compensated adequately by an award of damages were it to succeed at trial. In reaching her decision Miss May applied the decision of the House of Lords in American Cyanamid Co v Ethicon Inc [1975] UKHL 1, [1975] 1 All ER 504, [1975] AC 396, [1977] FSR 593, [1975] 2 WLR 316 and the judgment of the Court of Appeal in Neurim Pharmaceuticals (1991) Ltd and another v Generics UK Ltd (t/a Mylan) and another [2020] EWCA Civ 793, [2021] RPC 7.
The successful defendant was a Cornish company and it was represented by Truro patent attorneys. The duchy was already known for its spaceport and digital cluster. It also appears to have a thriving health tech sector. According to the local authority, health tech companies benefit from a single NHS Trust which makes it easier to be recognized as a supplier to the NHS. That is illustrated by the article Cornwall: A Gateway to the UK and Beyond for Nordic Healthcare Innovators.
Another obvious advantage is the Royal Cornwall Hospital at Treliske near Truro which is the University of Exeter teaching hospital. An important hospital facility is the Knowledge Spa which provides teaching, conference and business facilities. The Plymouth University School of Nursing and Peninsula Dental School also use the Knowledge Spa. The Knowledge Spa supports innovation, research and development. Also at the hospital is the Cornwall Health Library.
Kernow Health CIC provides training and a range of other services for practitioners.
The aerospace companies around Newquay airport and the software houses and other information technology businesses in the tech cluster provide opportunities for collaboration in such areas as artificial intelligence in healthcare and perhaps ultimately space medicine,
Anybody wishing to discuss this article may call me on 020 7404 5252 during office hours or send me a message through my contact page.
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