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Eli Lilly v Human Genome Sciences [2012] EWCA Civ 1185

Case Summary  |  Judgment  |   5 September 2012


Following the decision of the Supreme Court in  HGS v Eli Lilly [2011] UKSC 51  , the case was remitted to the Court of Appeal to decide the outstanding issues of sufficiency of the antibody claims and extension of protection. Michael Tappin QC again acted for HGS. The Court of Appeal upheld the validity of the claims in question, so (subject to an outstanding application by Lilly for permission to appeal to the Supreme Court) all claims of HGS’ patent have now been held to be valid. Michael is also acting for HGS in related litigation against Lilly which involves a reference to the CJEU concerning the interpretation of the SPC regulation.