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

United Kingdom House of Lords
[2004] UKHL 46


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


Holding and Reasoning (Hoffmann, L.)

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