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ARTICLE · 27 DECEMBER 2017

Federal Circuit Patent Updates - December 2017

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Federal Circuit Patent Updates - December 2017

United StatesIntellectual Property
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HTC Corporation v. Cellular Communications Equip. (No. 2016-1880, 12/18/17) (Dyk, Reyna, Taranto)

December 18, 2017 1:08 PM

Reyna, J. Affirming PTAB determination of patentability in an inter partes review. "Despite no express construction ... below, Board findings establishing the scope of the patented subject matter may fall within the ambit of claim construction."

A full version of the text is available in PDF form.

Amgen Inc. v. Sandoz (No. 2015-1499, 12/14/17) (Newman, Lourie, Chen)

December 14, 2017 11:13 AM

Lourie, J. On remand from the Supreme Court, affirming dismissal of state law unfair competition and conversion claims, because the Biologics Price Competition and Innovation Act of 2009 preempts state law remedies for an applicant's failure to comply with 42 U.S.C. § 262(l)(2)(A). "Because § 262(l)(9)(C) provides the exclusive federal remedy for failure to comply with § 262(l)(2)(A),

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