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Claim construction after Amgen

Patent World Magazine

Claim construction after Amgen

What does the House of Lords decision in Kirin-Amgen mean for claim construction? Kate Beattie and Chris Forsyth, Freshfields Bruckhaus Deringer, explain

The House of Lords has demonstrated the critical importance of claim construction in patent litigation in Kirin-Amgen Inc and others (Amgen) v Hoechst Marion Roussel Limited and others (TKT). Lord Hoffmann’s judgment defines the approach to determining the scope of claims. His decision tightens the traditional infringement versus validity squeeze’ on patentees.

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