Current Law Journal Content
Washington & Lee Law School
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  Bio-Science Law Review   (United Kingdom)
  Volume 6, Issue 6, 2003/2004
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  • THE MYTHICAL CONNECTION BETWEEN DATA PROTECTION AND CONFIDENTIALITY : PROCESSING DATA LAWFULLY
        Kathleen Liddell
        p.215                                                                                      +cite        

  • ARTICLES
  • Biotech Patents: The UK and US Disagree on Equivalents Tests: Amgen v. TKT: Decisions of UK House of Lords and US District Court
        NIGEL JONES and DAVID MARSH
        p.223                                                                                      +cite        
        This article considers the potential impact for the international pharmaceutical and biotechnology industries of patent decisions of a US and a UK court given within a week of each other in October 2004. The underlying patents that were the basis for each decision related to the same invention 'Amgen's invention of how to use its discover of the gene sequence for erythropoeitin ('EPO'), and the same allegedly infringing product, TKT's so-called 'gene-activated erythropoeitin' (or 'GA-EPO'). This article includes a review of the different conclusions reached by the courts in these two key jurisdictions, and the underlying legal bases on which they were based; and discusses the practical implications for patent owners in these industries. The two courts came to diametrically opposed conclusions. The U.S. District court held the relevant Amgen US patents valid and infringed; but the UK's House of Lords decided that not only did GA-EPO not infringe the counterpart European patent, but also that the patent was invalid.
  • Patentability of Human Embryonic cells under the EPC
        PHILIP M WEBBER
        p.231                                                                                      +cite        
        Patentability of human embryonic cells under the EPC. A number of decisions have issued from the Examining and Opposition Divisions of EPC in the past few years against the patenting of human embryonic cells. Appeals against three of these decisions have recently been filed. In this article, Dr. Philip Webber looks at the background to these appeals and at the factors which might influence the Board of Appeal in arriving at their decision.
  • Exploitation of Research Tool Patents in Plant Biotechnology: Access through Application of the Experimental Use Exception: Part 2
        DAVID J FAYE
                                                                                               +cite        
        In the second part of his article, David Faye sets out a comparative analysis of the Experimental Use Exemption in the United States and United Kingdom.