Eli Lilly & Company v Human Genome Sciences Inc

Eli Lilly & Company v Human Genome Sciences Inc

The patent is invalid for lack of industrial applicability, insufficiency, and obviousness. The specification discloses only sequence information and speculative statements about utility, failing to identify any practical use or enable the invention to be performed without undue effort. The claims to therapeutic and diagnostic products are insufficient. The proposed amendments would impermissibly extend protection and do not cure the fundamental deficiencies.

Parties
Claimant: Eli Lilly and Company; Defendant: Human Genome Sciences, Inc.
Jurisdiction
England and Wales
Judgment Date
31 July 2008
Procedural Posture
Patent Revocation and Amendment Proceedings / Final Judgment
Outcome
Patent revoked; amendments refused
Legal Topics
Industrial Applicability, Sufficiency, Obviousness, Added Matter, Biotechnology Patents
Intellectual Property Patent Law Industrial Applicability Sufficiency Obviousness Added Matter Biotechnology Patents

Case Brief

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Parties

Eli Lilly and Company

Claimant

Human Genome Sciences, Inc.

Defendant

Procedural Posture

Patent Revocation and Amendment Proceedings / Final Judgment

Legal Issues

  1. 1 Whether the patent discloses an invention capable of industrial application
  2. 2 Whether the patent specification is sufficient to enable the invention to be performed by a skilled person
  3. 3 Whether the claimed invention is obvious over prior art

Ratio Decidendi

The patent is invalid for lack of industrial applicability, insufficiency, and obviousness. The specification discloses only sequence information and speculative statements about utility, failing to identify any practical use or enable the invention to be performed without undue effort. The claims to therapeutic and diagnostic products are insufficient. The proposed amendments would impermissibly extend protection and do not cure the fundamental deficiencies.

Court Disposition

Patent revoked; amendments refused

Orders

  • All claims declared invalid for lack of industrial applicability, insufficiency, and obviousness.
  • Application to amend the patent refused.