19 February 2010
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.
