In the previous issue, we discussed the principle of the Reverse Doctrine of Equivalents and provided several illustrations of cases that have addressed the same. In this issue, we apply the principle to the Amgen, Inc. v.
Application of the Reverse Doctrine of Equivalents to Amgen v. Hoechst Marion, Inc.
In the previous issue, we discussed the principle of the Reverse Doctrine of Equivalents and provided several illustrations of cases that have addressed the same. In this issue, we apply the principle to the <i>Amgen, Inc. v. Hoechst Marion, Inc.</i> case, wherein the defendants Hoecht Marion and Transkarayotic Therapies (collectively 'TKT') were found liable for infringing several of Amgen's patents. <i>Amgen, Inc. v. Hoechst Marion, Inc.</i>, 126 F. Supp. 2d 69 (D. Mass. 2001). Although the Reverse Doctrine of Equivalents defense was not raised, this article discusses how this doctrine might have relieved TKT of liability.
By
Justin S. RerkoThis premium content is locked for The Intellectual Property Strategist subscribers only
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