Eli Lilly & Co v Human Genome Sciences

Eli Lilly & Co v Human Genome Sciences

Given the likelihood that the EPO Board of Appeal's decision may render the national appeal unnecessary, and to avoid wasting court resources, the appeal should be moved from July to December to await the EPO outcome.

Parties
Appellant: Eli Lilly & Co; Respondent: Human Genome Sciences
Jurisdiction
England and Wales
Judgment Date
23 February 2009
Procedural Posture
Civil Appeal / Directions Hearing Regarding Appeal Listing
Outcome
Appeal hearing date moved from July to December; directions given.
Legal Topics
Parallel Proceedings, Case Management, Expedition of Proceedings
Intellectual Property Patents Civil Procedure Parallel Proceedings Case Management Expedition of Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Eli Lilly & Co

Appellant

Human Genome Sciences

Respondent

Procedural Posture

Civil Appeal / Directions Hearing Regarding Appeal Listing

Legal Issues

  1. 1 Whether the appeal in the national court should be delayed pending the outcome of the EPO Board of Appeal proceedings
  2. 2 Whether parties have a duty to expedite proceedings and inform the court of parallel actions

Ratio Decidendi

Given the likelihood that the EPO Board of Appeal's decision may render the national appeal unnecessary, and to avoid wasting court resources, the appeal should be moved from July to December to await the EPO outcome.

Court Disposition

Appeal hearing date moved from July to December; directions given.

Orders

  • Parties to liaise with the listing office to fix a new date for the appeal in December.
  • Parties to cooperate with the EPO Board of Appeal regarding the fixing of a hearing date.