ALTAIRE PHARMACEUTICALS, INC. v. PARAGON BIOTECK, INC. , No. 17-1487 (Fed. Cir. 2018)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on May 11, 2018.
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NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ ALTAIRE PHARMACEUTICALS, INC., Appellant v. PARAGON BIOTECK, INC., Appellee ______________________ 2017-1487 ______________________ Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. PGR201500011. ______________________ Before O’MALLEY, SCHALL, and WALLACH, Circuit Judges. PER CURIAM. ORDER Upon consideration of the parties’ September 24, 2018 response to this court’s order to show cause, IT IS ORDERED THAT: We do not typically vacate an issued opinion. Cf. Tivo Inc. v. EchoStar Corp., 429 F. App’x 975, 976 (Fed. Cir. 2011). However, in light of the parties’ settlement in this case, the court shall modify the precedential opinion and 2 ALTAIRE PHARM., INC. v. PARAGON BIOTECK, INC. judgment issued May 2, 2018, by vacating only the portion that orders remand to the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board. Any citation to our underlying opinion should read: Altaire Pharmaceuticals, Inc. v. Paragon Bioteck, Inc., 889 F.3d 1274 (Fed. Cir. 2018), remand order modified by stipulation, [this order]. FOR THE COURT October 2, 2018 Date /s/ Peter R. Marksteiner Peter R. Marksteiner Clerk of Court
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