Eli Lilly And Co v Human Genome Sciences Inc

Patent – Infringement. The claimant company, Lilly, created a pharmaceutical product. It sought a declaration that any application for a supplementary protection certificate relying, for its legal basis, on a patent owned by the defendant company, HGS, and based on a medicinal product containing T, an antibody, would be invalid. In the course of proceedings, a question was referred to the Court of Justice of the European Union (CJEU). The Chancery Division considered the CJEU's response to the question and held that, as a result, Lilly's claim for a declaration would be dismissed.

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