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Good News For Originators Of Antibody Products

Law360, New York (September 29, 2014, 1:55 PM EDT) -- In Eli Lilly and Company v. Human Genome Sciences Inc., the English Patents Court (Justice Nicholas Roger Warren) recently gave its interpretation of the EU Court of Justice’s most recent decision in relation to supplementary protection certificates (“SPCs”). In doing so, the court confirmed that SPCs are available based on patents with claims that define the product in functional terms only; this is particularly important for patents relating to antibodies.

Background

SPCs are a partial extension to the term of a patent. They are granted in relation to specific medicinal (or plant protection) products to compensate for the period of patent protection...

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