X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Appealed from: U.S. District Court for the Northern District of California Judge William H. Alsup

On summary judgment, the U.S. District Court for the Northern District of California determined that Amgen, Inc. (Amgen) did not literally infringe Genentech, Inc.’s (Genentech’s) U.S. Patent Nos. 4,704,362 (the ’362 patent), 5,221,619 (the ’619 patent), and 5,583,013 (the ’013 patent). Genentech, Inc. v. Amgen, Inc., No. C 96-03752 WHA, slip op. at 1-2 (N.D. Cal. Oct. 12, 2000) (Amended Summary Judgment Order). The district court also barred Genentech from proceeding on a theory of infringement under the doctrine of equivalents. Id. Because the district court did not abuse its discretion, this court affirms the district court’s decision to preclude Genentech from asserting infringement under the doctrine of equivalents. The district court, however, relied on an erroneous claim construction in granting Amgen’s motion for summary judgment. Accordingly, this court vacates and remands for a determination of infringement under this court’s revised claim construction.

I.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More

Seeking a corporate/transactional lawyer with at least 2 years' experience. Experience with the following would be a plus:drafting, reviewin...


Apply Now ›

FULL-TIME COMMERCIAL LITIGATION ASSOCIATE SATTIRAJU & THARNEY, LLP SEEKS AN ASSOCIATE ATTORNEY PREFERABLY WITH 4-7 YEARS OF EXPERIENCE ...


Apply Now ›

McCarter & English, LLP is actively seeking a chemistry patent associate with an advanced degree in chemistry. Candidates should have 2-...


Apply Now ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›