Luitpold Pharmaceuticals, Inc v. PHARMACOSMOS A/S, Cross-Appellant 2017-1786

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
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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. IPR2015-
01490.
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O R D E R
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Before P ROST , Chief Judge, WALLACH and T ARANTO,
Circuit Judges.
P ER CURIAM .
Pharmacosmos A/S cross-appeals from the Patent
Trial and Appeal Board’s Final Written Decision deter-
mining 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-

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LUITPOLD PHARMACEUTICALS, INC. v. PHARMACOSMOS A/ S 2
cle III standing, however, this court dismisses the cross-
appeal.
I T I S O RDERED T HAT :
This case is dismissed.
F OR THE COURT
April 12, 2018 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Court

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