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Patent Law

: Patent Docs

UK High Court Invalidates HGS Neutrokine-alpha Patent

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

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By Donald Zuhn -- Earlier this month, several European news outlets reported on a decision by the UK High Court of Justice declaring a Human Genome Sciences (HGS) patent disclosing the nucleotide and amino acid sequence of Neutrokine-alpha, a novel member of the TNF ligand superfamily, to be invalid. The High Court agreed with HGS' opponent, Eli Lilly, that the claimed invention in HGS' patent was not capable of industrial application (in U.S. patent parlance, the invention was found to lack utility). Echoing the landmark U.S. utility case Brenner v. Manson, Lilly had argued that "a patent cannot simply operate...

Full post as published by Patent Docs on August 15, 2008 (boomark / email).

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