Source: EURLEX
Language: en
Format: md

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| 12.1.2013 | EN | Official Journal of the European Union | C 9/33 |

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Reference for a preliminary ruling from High Court of Justice (Chancery Division) (United Kingdom) made on 5 November 2012 — Eli Lilly and Company Ltd v Human Genome Sciences Inc

(Case C-493/12)

2013/C 9/55

Language of the case: English

Referring court

High Court of Justice (Chancery Division)

Parties to the main proceedings

Applicant: Eli Lilly and Company Ltd

Defendant: Human Genome Sciences Inc

Questions referred

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| (a) | What are the criteria for deciding whether ‘the product is protected by a basic patent in force’ in Article 3(a) of Regulation 469/2009/EC[(1)](#ntr1-C_2013009EN.01003301-E0001) (the ‘Regulation’)? |

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| (b) | Are the criteria different where the product is not a combination product, and if so, what are the criteria? |

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| (c) | In the case of a claim to an antibody or a class of antibodies, is it sufficient that the antibody or antibodies are defined in terms of their binding characteristics to a target protein, or is it necessary to provide a structural definition for the antibody or antibodies, and if so, how much? |

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