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19 February 2010
Issue: 7405 / Categories: Case law , Law digest
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Patent

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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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