CELEX: 62012CN0493
Language: en
Date: 2012-11-05 00:00:00
Title: Case C-493/12: 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

12.1.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 9/33
            
         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
   
   
               (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) (the ‘Regulation’)?
            
         
               (b)
            
            
               Are the criteria different where the product is not a combination product, and if so, what are the criteria?
            
         
               (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?
            
         
      (1)  Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products (Codified version) (Text with EEA relevance)
   OJ L 152, p. 1