Eli Lilly & Company v Human Genome Sciences, Inc [2008] EWHC 2511 (Pat) (17 October 2008)

Eli Lilly & Company v Human Genome Sciences, Inc [2008] EWHC 2511 (Pat) (17 October 2008)

Lilly, as the overall successful party, is entitled to its costs except for those attributable to the discrete bioinformatics issue on which it lost. A fair and proportionate result is achieved by awarding Lilly 60% of its costs of the action as a whole.

Citation
[2008] EWHC 2511 (Pat)
Parties
Claimant: ELI LILLY AND COMPANY; Defendant: HUMAN GENOME SCIENCES, INC.
Jurisdiction
England and Wales
Judgment Date
17 October 2008
Procedural Posture
Patent Revocation Action / Post Judgment Costs Determination
Outcome
Claimant awarded 60% of its costs of the action as a whole.
Legal Topics
Patent Validity, Costs, Industrial Applicability, Obviousness, Insufficiency
Intellectual Property Civil Procedure Patent Validity Costs Industrial Applicability Obviousness Insufficiency

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Parties

ELI LILLY AND COMPANY

Claimant

HUMAN GENOME SCIENCES, INC.

Defendant

Procedural Posture

Patent Revocation Action / Post Judgment Costs Determination

Legal Issues

  1. 1 Appropriate order for costs following partial success in a patent revocation action
  2. 2 Whether costs should be apportioned based on issues won and lost, specifically the bioinformatics issue

Ratio Decidendi

Lilly, as the overall successful party, is entitled to its costs except for those attributable to the discrete bioinformatics issue on which it lost. A fair and proportionate result is achieved by awarding Lilly 60% of its costs of the action as a whole.

Court Disposition

Claimant awarded 60% of its costs of the action as a whole.

Orders

  • Lilly is entitled to 60% of its costs of the action as a whole.