Eli Lilly and Co v Human Genome Sciences: CA 23 Feb 2009

The court considered directions for a forthcoming appeal, and in particular as to its date, where there were parallel revocation proceedings before the European Court.


Jacob LJ


[2009] EWCA Civ 168




England and Wales


See AlsoEli Lilly and Company v Human Genome Sciences Inc PatC 31-Jul-2008
The claimant sought the revocation of the defendant’s European patent in respect of a nucleotide and amino acid sequence of a novel member of the TNF ligand superfamily which it called Neutrokine-a.
Held: The patent was invalid for lack of . .
See AlsoEli Lilly and Company v Human Genome Sciences, Inc PatC 17-Oct-2008
The parties discussed the costs order to be made after a challenge to a patent succeeded on some grounds but not on others. . .

Cited by:

Directions for AppealEli Lilly and Co v Human Genome Sciences Inc CA 9-Feb-2010
The appellant had had granted to it a patent for a new human protein, Neutrokine-a. It now appealed against revocation of the patent on the basis that as yet there was no possible industrial application within the Convention so as to allow . .
Directions for appealHuman Genome Sciences Inc v Eli Lilly and Company SC 2-Nov-2011
The court considered an appeal against the declaration of invalidity of a biomedical patent for a new human protein on the grounds that it was not susceptible of industrial application.
Held: The patentee’s appeal succeeded. The court had to . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property

Updated: 23 July 2022; Ref: scu.317896