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Human Genome Sciences, Inc. v. Eli Lilly and Co.

[2011] UKSC 51 (2011)

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Human Genome Sciences, Inc. v. Eli Lilly and Co.

United Kingdom Supreme Court
[2011] UKSC 51 (2011)

RW

Facts

Human Genome Sciences, Inc. (HGS) (defendant) identified a novel human protein as belonging to a superfamily of proteins known to share most, but not all, of the same chemical properties. HGS invented a method for isolating the new protein so that it could be applied to the same industrial uses for which the pharmaceuticals industry found superfamily proteins to be especially helpful. HGS patented its invention in accordance with the European Patent Convention (EPC), to which the United Kingdom (UK) was signatory. Eli Lilly and Company (Lilly) (plaintiff) opposed the patent and commenced revocation proceedings at the European Patent Office (EPO) and in UK courts. The EPO initially revoked the patent but was reversed by an EPO appeals board. However, a UK trial court revoked the patent’s validity within the UK. After an intermediate appellate court upheld the trial court’s action, HGS appealed to the UK Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Neuberger, J.)

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