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In a case described as 'difficult and troublesome' by Lord Hope, one of the five presiding judges, the patent was found to be valid, quashing two earlier verdicts in lower courts.
In 2005 Human Genome Sciences patented the gene and protein sequence of what they called neutrokine-α after identifying it as a member of the tumour necrosis factor (TNF) ligand superfamily. They also patented antibodies that they produced against the protein. However, it is a requirement of patents that the technology be 'capable of industrial application', meaning that it has to be useful.
The company believed that like other members of...