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12 Aug 2014, 9:55 pm
By Ralph Cox* and Simon Spink** -- Overview For the best part of 10 years, since the judgment of Lord Hoffmann in Kirin-Amgen v Hoescht Marion Roussel[1], it has been widely assumed that there is no file wrapper estoppel in the UK and no doctrine of equivalents either. [read post]
24 Oct 2018, 3:49 am
In Actavis Lord Neuberger ruled that, contrary to Kirin-Amgen v Hoescht ([2004] UKHL 46) a court may rely on the prosecution history to determine the scope of a patent, if this would unambiguously resolve a point or if it would be contrary to the public interest for the contents of the file to be ignored (paragraph 88). [read post]
