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Patent

19 February 2010
Issue: 7405 / Categories: Case law , Law digest
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Eli Lilly and Company v Human Genome Sciences Inc [2010] EWCA Civ 33, [2010] All ER (D) 99 (Feb)

A first instance decision in England and Wales on a patent involved the intensive investigation and testing of evidence through cross-examination. Appeals were conducted on the evidence and materials before the court of first instance with no new witnesses or evidence, save in exceptional circumstances.

That procedure differed from the nature of proceedings in the Opposition Division of the European Patent Office (EPO) where there was much less room for the testing of evidence and more latitude for the admission of fresh evidence on appeal. The national courts were the final judges of validity of a patent which had survived in the EPO.

 

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MOVERS & SHAKERS

Hill Dickinson—Paul Matthews, Liz Graham & Sarah Pace

Hill Dickinson—Paul Matthews, Liz Graham & Sarah Pace

Leeds office strengthened with triple partner hire

Clarke Willmott—Oksana Howard

Clarke Willmott—Oksana Howard

Corporate lawyer joins as partner in London office

Pillsbury—Steven James

Pillsbury—Steven James

Firm boosts London IP capability with high-profile technology sector hire

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