LUITPOLD PHARMACEUTICALS, INC. v. PHARMACOSMOS A/S , No. 17-1786 (Fed. Cir. 2018)

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NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ LUITPOLD PHARMACEUTICALS, INC., Appellant v. PHARMACOSMOS A/S, Cross-Appellant ______________________ 2017-1786 ______________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR201501490. ______________________ 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- 2 LUITPOLD PHARMACEUTICALS, INC. v. PHARMACOSMOS A/S cle III standing, however, this court dismisses the crossappeal. 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

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