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Eli Lilly v HGS
  • Fasken
  • United Kingdom
  • July 26 2010

The Court of Appeal has upheld the High Court's decision in Eli Lilly and Company v Human Genome Sciences Inc, handed down by Kitchin J in July 2008, that a patent disclosing a new member of a family of proteins (Neutrokine-a), without sufficient specification for use of that protein, was invalid as not being susceptible of industrial application.


Limitation rules under the Product Liability Directive
  • Fasken
  • United Kingdom, European Union
  • March 25 2010

In December 2009, the ECJ ruled on a reference from the House of Lords (now replaced by the Supreme Court) on whether it was possible under EU product liability rules to add a party to a claim for a defective product after the end of the limitation period.


No need for a rule of law on entitlement
  • Fasken
  • United Kingdom
  • May 30 2008

So ruled the House of Lords (Lord Hoffmann again) in Yeda v Rhone- Poulenc overturning a Court of Appeal decision in an earlier action concerning the entitlement to a patent under the Patents Act 1977.


One trick patents
  • Fasken
  • United Kingdom
  • May 30 2008

Lord Hoffmann, sitting in the Court of Appeal, has explained and limited the scope of “Biogen insufficiency” with the result that an ordinary product claim in a patent will be sufficiently enabled even if the specification teaches only one method of making it.


No stopping class goods
  • Fasken
  • United Kingdom
  • May 30 2008

The Court of Appeal has applied the European Court of Justice’s decision in Class v Colgate-Palmolive on the meaning of “import” for trade mark infringement so as to prevent rights-owners from stopping shipments of branded goods through the UK under Customs supervisory procedures.



Tracy Ko
  • Fasken