U.K. Judge Rejects Gene Sequence Patent

Law360, New York (August 1, 2008, 12:00 AM EDT) -- In one of the first British cases to deal with the limits of the utility requirement for biotech patentability, a U.K. court struck down a patent for a gene sequence Thursday in a dispute between Eli Lilly and Co. and Human Genome Sciences Inc.

Justice David Kitchin of the U.K. High Court of Justice found HGS's patent invalid, saying it lacked a clear industrial application. He further ruled that the patent failed for insufficiency and obviousness.

The dispute centers around a patent for Neutrokine-α, a sequence...
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