Kirin-Amgen Inc. v Transkaryotic Therapies Inc. (No.1)

JurisdictionEngland & Wales
Neutral Citation[2001] EWHC 433 (Pat)
Date2001
CourtChancery Division (Patents Court)
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11 cases
  • Halliburton Energy Services Inc. v Smith International (North Sea) Ltd
    • United Kingdom
    • Chancery Division (Patents Court)
    • 21 July 2005
    ...... on what Neuberger J called the ‘classical’ basis in Kirin Amgen v TKT , I do not propose to say more than to observe that this particular ......
  • Warner-Lambert Company LLC v Generics (UK) Ltd (trading as Mylan) and Others
    • United Kingdom
    • Supreme Court
    • 14 November 2018
    ...that which would render it invalid.” 94 More recently, the same point was made by Neuberger J in Kirin-Amgen Inc v Roche Diagnostics GMBH [2002] RPC 1, para 286. There is also substantial support for it in other common law jurisdictions. It was adopted by the Supreme Court of the United Sta......
  • Generics (UK) Ltd v H Lundbeck A/S
    • United Kingdom
    • House of Lords
    • 25 February 2009
    ...least where they are claims to chemical compounds). I made exactly the same mistake at first instance in the Kirin-Amgen case - see at [2002] RPC 1, paras 300-312. A number of articles to which reference was made in the written cases also appear to have proceeded upon the same 101 It may b......
  • Generics (U.K.) Ltd. et al. v. H. Lundbeck A/S, [2009] N.R. Uned. 179
    • Canada
    • 25 February 2009
    ...(at least where they are claims to chemical compounds). I made exactly the same mistake at first instance in the Kirin-Amgen case - see at [2002] RPC 1, paras. 300-312. A number of articles to which reference was made in the written cases also appear to have proceeded upon the same view. [1......
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2 firm's commentaries
  • UK Supreme Court Confirms Warner-Lambert Patent Claims Insufficient…
    • United Kingdom
    • Mondaq UK
    • 26 November 2018
    ...was considered in patent contexts in Parkinson v Simon (1895) 12 RPC 403 (House of Lords), Kirin-Amgen Inc v Roche Diagnostics GMBH [2002] RPC 1 (Neuberger J) and Smithkline Beecham plc's Patent [2003] EWCA Civ 872. Lord Briggs also noted dicta from the United States, Canada and Lord Briggs......
  • Intellectual Property – More Materials
    • United States
    • LexBlog United States
    • 16 July 2003
    ...means which owe nothing to the teaching of the patent or any principle it disclosed. The Patents Court in Kirin-Amgen v Roche Diagnostics [2002] RPC1 referred to these two grounds for insufficiency in a patent as “classic insufficiency” and “Biogen insufficiency”, but the Court of Appeal sa......

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