Be polite, damn it Tuesday, March 16, 2010 — Global IP Strategy, Pharma, Biotech & Chem IP Strategy, IP wars, Strategic Management of IP
tompeters! latest book is fun, especially if you're listening to him read it to you in the audio version. Just like being in one of his seminars with him prowling the room and practically yelling from time to time.
All good stuff.
Tom's really really big on politeness, civility, thank you and things like that.
This case concerns an appeal [2010] EWCA Civ. 33 from the August 2008 judgment in Eli Lilly & Co. v Human Genome Sciences Inc., [2008] EWHC 1903 (Pat), wherein Mr. Justice Kitchin held all claims in HGS’s EP (UK) 0939804 invalid on three grounds: they were not susceptible of industrial application, they were insufficient and they were obvious because of a lack of technical contribution.
The Appeal focused on EPC Art. 57 “An invention shall be considered as susceptible of industrial application if it can be made or used in any kind of industry, including agriculture” and used the Biotech Directive (99/44EPC) to shed light on the interpretation of Art. 57. The Appeal Court also looked extensively at, and gave great deference to, relevant decisions of the EPO Technical Boards of Appeal on issues of law stating: “Decisions of the TBAs on questions of law are of immense importance”.
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