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Document 62012CN0493

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

IO C 9, 12.1.2013, p. 33–33 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

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

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