EMD MILLIPORE CORPORATION v. ALLPURE TECHNOLOGIES, INC. , No. 14-1018 (Fed. Cir. 2013)

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Case: 14-1018 Document: 15 Page: 1 Filed: 12/16/2013 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ EMD MILLIPORE CORPORATION, FKA Millipore Corporation, MILLIPORE AB, AND MILLIPORE SAS, Plaintiffs-Appellants, v. ALLPURE TECHNOLOGIES, INC., Defendant-Appellee. ______________________ 2014-1018 ______________________ Appeal from the United States District Court for the District of Massachusetts in No. 1:11-cv-10221-DPW, Judge Douglas P. Woodlock. ______________________ ON MOTION ______________________ Before RADER, Chief Judge, LOURIE and TARANTO, Circuit Judges. RADER, Chief Judge. ORDER AllPure Technologies, Inc. ( AllPure ) moves to dismiss this appeal for lack of jurisdiction. EMD Millipore Case: 14-1018 Document: 15 Page: 2 Filed: 12/16/2013 2 EMD MILLIPORE CORPORATION v. ALLPURE TECHNOLOGIES, INC. Corporation et al. ( Millipore ) oppose and move to deactivate the appeal. In 2014-1018, Millipore appealed a district court order that granted AllPure s motion for summary judgment of non-infringement. Still unresolved were issues of invalidity and non-enforceability of the patent. Subsequent to this appeal, the district court entered final judgment and dismissed without prejudice Allpure s claims of patent invalidity and unenforceability. Millipore timely appealed that final judgment, docketed as appeal no. 2014-1140. While we have jurisdiction over appeal no. 2014-1140, the notice of appeal in the instant case was premature. Accordingly, IT IS ORDERED THAT: (1) 2014-1018 is dismissed for lack of jurisdiction. (2) The motion to deactivate the appeal is denied. (3) Each side shall bear its own costs. FOR THE COURT /s/ Daniel E. O Toole Daniel E. O Toole Clerk of Court s26 ISSUED AS A MANDATE: December 16, 2013

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