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Reports of Patent, Design and Trade Mark Cases 2002 119(22):851-905; doi:10.1093/rpc/2002rpc43
© 2002 by Crown Copyright
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© Crown Copyright

[2002] R.P.C. 43

KIRIN-AMGEN INC.'S PATENT

Patents Court

Before: MR JUSTICE NEUBERGER February 4–8 and 19–21, and March 21, 20021

[2002] EWHC 471; [2002] R.P.C. 43

Patent—Erythropoietin—Partially valid patent—Whether remaining claims valid without deleting the invalid claims—Amendment—Discretion—Deletion of claim distinguished from validating amendment—Whether specification was framed in good faith and with reasonable skill and knowledge—Whether lack of reasonable skill in relation to one passage prevented patentee from establishing that the specification had been drafted with reasonable skill—Patent agent—Whether dishonesty in witness box established lack of good faith in drafting specification.

1 Paragraph numbers in this judgment are as assigned by the court.


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