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Eli Lilly & Co v Human Genome Sciences Inc [2011] UKSC 51

Case Summary  |  Judgment  |   2 November 2011

 

Michael Tappin QC acted for Human Genome Sciences before the Supreme Court and the Court of Appeal in its litigation against Eli Lilly concerning HGS' patent relating to Neutrokine-α (and antibodies thereto). Kitchin J had held the patent invalid for lack of industrial applicability. The Court of Appeal ([2010] EWCA Civ 33) upheld the judgment of Kitchin J, but the Supreme Court reversed those decisions and held that the inventions were capable of industrial application ([2011] UKSC 51). This case is the first in which the UK courts have had to give serious consideration to the law on industrial application, and the first patent case to reach the Supreme Court since its creation.