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  • Amgen, TKT and the erythropoietin patents – patent privileges in preference to competition

    Author(s)
    Lawson, Charles
    Griffith University Author(s)
    Lawson, Charles
    Year published
    2005
    Metadata
    Show full item record
    Abstract
    The United States Court of Appeals (Federal Circuit) decision in Amgen Inc v Hoechst Marion Roussel Inc 314 F 3d 1313 (2003) poses significant concerns for promoting competition in the biotechnology sector. The decision is, in effect, a win for old technology and "Big Pharma" at the expense of new and substitute technology that might have been expected to introduce new entrants and competition into the sector. This article reviews the key outcomes of that decision and places the consequences into a competition discourse concluding that the Court of Appeals' preference for favouring a construction and written description ...
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    The United States Court of Appeals (Federal Circuit) decision in Amgen Inc v Hoechst Marion Roussel Inc 314 F 3d 1313 (2003) poses significant concerns for promoting competition in the biotechnology sector. The decision is, in effect, a win for old technology and "Big Pharma" at the expense of new and substitute technology that might have been expected to introduce new entrants and competition into the sector. This article reviews the key outcomes of that decision and places the consequences into a competition discourse concluding that the Court of Appeals' preference for favouring a construction and written description that confounds new market entrants may not be desirable for competition.
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    Journal Title
    Australian Intellectual Property Journal
    Volume
    16
    Issue
    3
    Publisher URI
    http://www.thomsonreuters.com.au/
    Subject
    Law not elsewhere classified
    Law
    Publication URI
    http://hdl.handle.net/10072/25109
    Collection
    • Journal articles

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