Eli Lilly & Company v Human Genome Sciences Inc

Eli Lilly & Company v Human Genome Sciences Inc

The patent failed to disclose any practical use for Neutrokine-α or its antibodies beyond speculative assertions. The possible uses listed were not supported by experimental data, and the common general knowledge did not provide a concrete basis for industrial application. The invention was not susceptible of industrial application under Article 57 EPC and corresponding UK law. The appeal was dismissed.

Parties
Respondent/claimant: Eli Lilly and Company; Appellant/defendant: Human Genome Sciences Inc
Jurisdiction
England and Wales
Judgment Date
09 February 2010
Procedural Posture
Civil Appeal (patents) / Appeal From First Instance Judgment (chancery Division, Patents Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Industrial Application of Biotechnological Inventions, Patentability of Gene Sequences, Interpretation of Article 57 EPC, Biotech Directive 98/44/ec, Sufficiency, Obviousness
Intellectual Property Law Patent Law Industrial Application of Biotechnological Inventions Patentability of Gene Sequences Interpretation of Article 57 EPC Biotech Directive 98/44/ec Sufficiency Obviousness

Case Brief

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Parties

Eli Lilly and Company

Respondent/claimant

Human Genome Sciences Inc

Appellant/defendant

Procedural Posture

Civil Appeal (patents) / Appeal From First Instance Judgment (chancery Division, Patents Court) to Court of Appeal

Legal Issues

  1. 1 Whether the patent for Neutrokine-α and its encoding polynucleotide is susceptible of industrial application under Article 57 EPC and corresponding UK law
  2. 2 Whether the patent discloses a practical use for the invention or merely a speculative research result
  3. 3 Whether the findings of the EPO Technical Board of Appeal on industrial applicability should be followed by the English court

Ratio Decidendi

The patent failed to disclose any practical use for Neutrokine-α or its antibodies beyond speculative assertions. The possible uses listed were not supported by experimental data, and the common general knowledge did not provide a concrete basis for industrial application. The invention was not susceptible of industrial application under Article 57 EPC and corresponding UK law. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Human Genome Sciences Inc is dismissed.
  • No need to consider other grounds (insufficiency, obviousness) as the patent is not susceptible of industrial application.