Luitpold Pharms., Inc. v. A.

Full title: LUITPOLD PHARMACEUTICALS, INC., Appellant v. PHARMACOSMOS A/S…

Court: United States Court of Appeals for the Federal Circuit

Date published: Apr 12, 2018

2017-1786 (Fed. Cir. Apr. 12, 2018)

Opinion

2017-1786

04-12-2018

LUITPOLD PHARMACEUTICALS, INC., Appellant v. PHARMACOSMOS A/S, Cross-Appellant

PER CURIAM.

NOTE: This order is nonprecedential. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2015-01490.

ORDER

Before PROST, Chief Judge, WALLACH and TARANTO, Circuit Judges. PER CURIAM.

Pharmacosmos A/S cross-appeals from the Patent Trial and Appeal Board's Final Written Decision determining that it did not prove by a preponderance of the evidence that claims 17 and 47 of U.S. Patent No. 7,754,702 are unpatentable. Because Pharmacosmos has not established an injury in fact sufficient to confer Arti- cle III standing, however, this court dismisses the cross-appeal.

IT IS ORDERED THAT:

This case is dismissed.

FOR THE COURT April 12, 2018

Date

/s/ Peter R. Marksteiner

Peter R. Marksteiner

Clerk of Court