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Kirin-Amgen, Inc. and Others v. Hoechst Marion Roussel Limited and Others

[2004] UKHL 46

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Kirin-Amgen, Inc. and Others v. Hoechst Marion Roussel Limited and Others

United Kingdom House of Lords
[2004] UKHL 46

Facts

Kirin-Amgen, Inc. (“Amgen”) (plaintiff) obtained a patent for a process of producing erythropoietin (“EPO”) using recombinant DNA technology. Hoechst Marion Roussel Limited, Transkaryotic Therapies Inc., and others (collectively “TKT”) (defendant) developed a similar process using the same technology. Amgen brought suit against TKT for infringement. At the trial court, the judge construed the claim terms in a “literal” manner and then addressed the Protocol questions. The judge concluded that the TKT’s process did not infringe Amgen’s patent. The Court of Appeal affirmed and Amgen appealed.

Rule of Law

Issue

Holding and Reasoning (Hoffmann, L.)

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