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Reports of Patent, Design and Trade Mark Cases 2005 122(6):169-207; doi:10.1093/rpc/2005rpc9
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© Crown Copyright

[2005] R.P.C. 9

KIRIN-AMGEN INC v HOECHST MARION ROUSSEL LTD

House of Lords

(Lord Hoffman, Lord Hope of Craighead, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe and Lord Brown of Eaton-under-Heywood): October 21, 20041

[2004] UKHL 46; [2005] R.P.C. 9

Patent—Infringement—Erythropoietin—Recombinant DNA technology—Construction of claims—Principles of construction—Role of Protocol questions—Importance of identifying the invention—Whether claims covered technology unknown at date of patent—Novelty—Product-by-process claims—Whether permissible—Insufficiency—Breadth of claims—Principle of general application—Disclosure must be both necessary and sufficient—Inability to establish infringement of unclear claim—Claim invalid for insufficiency and not mere lack of clarity—Observations on use of court expert to instruct court in technology.

Key Words: Declarations of non-infringement • Insufficiency • Interpretation • Novelty • Patents • Pharmaceuticals • Revocation

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


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