Please login to the form below

Not currently logged in
Email:
Password:

Eli Lilly and Company patent appeal upheld

Courts have upheld an appeal by Eli Lilly and Company regarding a patent overturn of a gene sequence held by Human Genome Sciences

UK courts have upheld an appeal by Eli Lilly and Company regarding an overturn on the patent of a gene sequence held by Human Genome Sciences (HGS).

The gene sequence is that of neutrokine-alpha, a novel member of the TNF ligand superfamily, which HGS filed a patent for in 1996, with it initially granted in 2005.

After a challenge by Lilly, the patent was revoked in 2008 on the basis that "the claimed invention lacked any inventive step and constituted a claim to an arbitrary member of the TNF ligand superfamily without a known function," according to Mr Justice Kitchin, who presided over the case.

The appeal upheld this decision, with appeal judge, Lord Justice Jacob agreeing with Mr Justice Kitchin that the patent was invalid as the uses for neutrokine-alpha were implausible at the time due to lack of research, and the invention was not viable for industrial use.

There was speculation over what this meant for biotech patents currently in force, meaning drug targets, including gene sequences, derived through computer analysis rather than experimental data.

HGS are currently working with GlaxoSmithKline (GSK) in the development of Benlysta (belimumab), a treatment for lupus that will act as an anti-body against neutrokine-alpha.

In a statement, GSK said it would not be affected by the ruling, with Benlysta protected by a number of other patents.

 


 

11th February 2010

Share

COVID-19 Updates and Daily News

Featured jobs

PMHub

Add my company
McCann Health Medical Communications

We are the medical communications experts within McCann Health. Communicating science to bring meaning and positive change to people’s lives....

Latest intelligence

Numbers, navigation, and narratives: digital storytelling in medical communications
Science and storytelling aren’t often seen as compatible. One is based on cold, hard facts, while the other is synonymous with improvisation and theater. However, when done well, storytelling can...
Is this common data mistake killing your digital patient recruitment?
Without realising, you could be falling into the trap of using social data — insights into recent, relevant trends and topics — to inspire your content. Hold up. That sounds...
Stick or Twist? Healthcare brands in a (post) COVID-19 world
...