JOURNALS HOUSE OF LORDS - United Kingdom Parliament

2005 21st March
339
Shutt of Greetland, L.
Simon, V.
Skelmersdale, L.
Skidelsky, L.
Slim, V.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Snape, L.
Soulsby of SwaVham Prior, L.
Southwark, Bp.
Steel of Aikwood, L.
Stern, B.
Stewartby, L.
Stoddart of Swindon, L.
Stone of Blackheath, L.
Strabolgi, L.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Tanlaw, L.
Taylor of Blackburn, L.
Taylor of Warwick, L.
Tebbit, L.
Temple-Morris, L.
Tenby, V.
Thatcher, B.
Thomas of Gresford, L.
Thomas of Macclesfield, L.
Thomas of Swynnerton, L.
Thomas of Walliswood, B.
Thomson of Monifieth, L.
Thornton, B.
Tombs, L.
Tomlinson, L.
Tope, L.
TordoV, L.
Trefgarne, L.
Triesman, L.
Trumpington, B.
Truscott, L.
Tugendhat, L.
TunnicliVe, L.
Turnberg, L.
Turner of Camden, B.
Uddin, B.
Varley, L.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Warnock, B.
Warwick of UndercliVe, B.
Watson of Invergowrie, L.
Watson of Richmond, L.
Wedderburn of Charlton, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Wilkins, B.
Williams of Crosby, B.
Williams of Elvel, L.
Williamson of Horton, L.
Wilson of Tillyorn, L.
Windlesham, L.
Wolfson, L.
Woolmer of Leeds, L.
Young of Norwood Green, L.
PRAYERS were read by the Lord Bishop of Liverpool.
Judicial Business
1. Kirin-Amgen Inc and others (Appellants) v. Hoechst Marion Roussel Limited and others
(Respondents)—
2. Kirin-Amgen Inc and others (Respondents) v. Hoechst Marion Roussel Limited and others
(Appellants)—
(Conjoined Appeals)—
Further to the Judgment of the House of 21st October (55th Report from the Appellate
Committee, [2004] UKHL 46), it was ordered that the Orders of Mr. Justice Neuberger in the
High Court (Chancery Division) (Patents Court) of 3rd May 2001, 16th May 2001, 8th August
2001, 13th September 2001 and 18th April 2002 and the Order of the Court of Appeal of 27th
March 2003 be set aside so far as they relate to costs (save for paragraphs 7 and 8 of the Order
of Mr. Justice Neuberger of 18th April 2002, as set out below); that paragraphs 7 and 8 of the
Order of Mr. Justice Neuberger in the High Court (Chancery Division) (Patents Court) of 18th
April 2002 be aYrmed; that Hoechst Marion Roussel Limited, Hoechst Marion Roussel Inc.
and Transkaryotic Therapies Inc. do pay to Kirin-Amgen Inc., Ortho Biotech Inc. and Ortho
Biotech Products LP their costs of the appeal from the judgment of Mr. Justice Neuberger of
21st March 2002; that Kirin-Amgen Inc., Ortho Biotech Inc. and Ortho Biotech Products LP
do pay to Hoechst Marion Roussel Limited, Hoechst Marion Roussell Inc. and Transkaryotic
Therapies Inc. their costs in this House and 90% of their costs in the High Court (Chancery
Division) (Patents Court) and the Court of Appeal other than the costs in paragraphs 7 and
8 of the Order of Mr. Justice Neuberger and the costs of the appeal from the judgment of Mr.
Justice Neuberger of 21st March 2002 as set out above; that the amounts thereof be
determined by a Costs Judge for those costs incurred in the High Court and the Court of
Appeal and certified by the Clerk of the Parliaments for those incurred in this House; that
European Patent (UK) No. 0 148 605 be amended by the deletion of paragraphs 19 to 26, 29
and 31 of the summary on pages 8 and 9 and claims 19 to 26, 29 and 31; that the remaining
paragraphs and claims and references to them be renumbered accordingly; and that the
advertisement of the said amendments be dispensed with.
3. Regina v. Secretary of State for the Home Department (Respondent) ex parte Greenfield (FC)
(Appellant)—Further to the Order of the House of Wednesday 16th February 2005 (22nd
Report from the Appellate Committee, Session 2004–05 [2005] UKHL 14), it was ordered that
the respondent do pay or cause to be paid to the appellant his costs incurred in the Divisional
Court of Her Majesty’s High Court of Justice Queen’s Bench Division and in Her Majesty’s
Court of Appeal and that the amount of such costs be determined by a Costs Judge; that the
appellant do pay or cause to be paid to the respondent his costs in this House and that the
amount of such costs, if any, to be paid by the appellant and to be paid out of the Community
Legal Service Fund be certified by the Clerk of the Parliaments in accordance with section 11
of the Access to Justice Act 1999; and that the costs of the appellant in this House be taxed in
accordance with the Access to Justice Act 1999.