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

United Kingdom House of Lords
[2004] UKHL 46

Written by Craig Conway, LLM

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

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Issue

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Holding and Reasoning (Hoffmann, L.)

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A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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