Eli Lilly & Company v Human Genome Sciences, Inc

Eli Lilly & Company v Human Genome Sciences, Inc

Lilly is the successful party overall and is entitled to costs, but due to its failure on the discrete bioinformatics issue, a deduction is warranted; a fair and proportionate result is achieved by awarding Lilly 60% of its costs of the action as a whole.

Parties
Claimant: Eli Lilly and Company; Defendant: Human Genome Sciences, Inc.
Jurisdiction
England and Wales
Judgment Date
17 October 2008
Procedural Posture
Patent Revocation / Judgment on Costs
Outcome
Lilly is 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 / Judgment on Costs

Legal Issues

  1. 1 Entitlement to costs following partial success in patent revocation
  2. 2 Appropriate deduction for costs relating to discrete unsuccessful issue (bioinformatics)

Ratio Decidendi

Lilly is the successful party overall and is entitled to costs, but due to its failure on the discrete bioinformatics issue, a deduction is warranted; a fair and proportionate result is achieved by awarding Lilly 60% of its costs of the action as a whole.

Court Disposition

Lilly is 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.