Opinion
2018-2262
11-15-2019
FISHER & PAYKEL HEALTHCARE LIMITED, Appellant v. RESMED LIMITED, Appellee
NOTE: This order is nonprecedential. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2017-00504.
ON MOTION
PER CURIAM.
ORDER
Appellee ResMed Limited ("ResMed") moves to dismiss this appeal for lack of subject matter jurisdiction. Despite the title of its motion, ResMed appears to argue that appellant Fisher & Paykel Healthcare Limited ("Fisher") lacks standing to maintain this appeal. We decline to rule on ResMed's motion at this time, and instead defer ResMed's motion until hearing from the parties at oral argument.
IT IS ORDERED THAT:
ResMed's motion to dismiss is deferred until after oral argument, at which ResMed is instructed to appear and be prepared to argue the standing issue as well as the merits of Fisher's appeal.
FOR THE COURT November 15, 2019
Date
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court