NOTE: This order is n0nprecedential. United States Court of AppeaIs for the FederaI Circuit THE MEDI CINES COMPANY, Plaintiff-Appellee, V. DAVID J. KAPPOS, UNDERSECRETARY OF COMMERCE FOR INTELLECTUAL PROPERTY AND DIRECTOR, UNITED STATES PATENT AND TRADEM.ARK OFFICE, UNITED STATES PATENT AND TRADEMARK OFFICE, MARGARE'_l` A. HAMBURG, COMMISSIONER, UNITED STATES FOOD AND DRUG ADMINISTRATION, UN`ITED STATES FOOD AND DRUG ADMINISTRATION, KATHLEEN SEBELIUS, SECRETARY OF HEALTH AND HUMAN SERVICES, AND DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendants-Appellees, V. APP PHARMACEUTICALS, LLC, M0vant-AppelIant. 2010-1534

MEDICINES CO V. K.APPOS 2 Appeal from the United States District Court for the Eastern District of Virginia in case n0. 10-CV-0286, Senior Judge Claude M. Hilton. ON MOTION Before LINN, Circu,it Judge. 0 R D E R The Medicines C0mpany (MDCO) moves to dismiss APP Pharmaceuticals, LLC’s (APP) appeal or in the alternative moves for the court to bifurcate briefing on the the appeal. APP opposes. MDCO replies. ' MDCO filed a complaint in the United States District Court for the Eastern District of Virginia challenging the United States Patent and Trademark Office’s rejection of its application seeking a patent term extension APP participated as amicus curiae in the district court. The district court granted MDCO’s motion for summary judgment and ordered the Patent and Trademark OfEce to accept the application After learning that the Patent and Trademark OfE1ce would not appeal the district court’s judgment, APP moved to intervene as a defendant so that it could file an appeal from the judgment. The district court denied APP’s motion to intervene. APP now appeals the district court’s order denying APP’s motion to intervene and seeks review of the judgment. MDCO argues that APP does not have standing to appeal the judgment. The court deems it the better course for the parties to put their arguments concerning standing and any other issues in their briefs without directing that briefing be bifurcated Accordingly, IT ls ORDEREr) THA'r:

3 MDCO's motions are denied. APP's brief is du MEDICINES CO V. KAPPOS 6 within 30 days of the date of filing of this order FOR THE CoURT FEB 0 2 2011 fsi Jan Horbaly cc: s20 Date J an Horbaly Clerk Peter D. Keisler, Esq. Jeanne E. Davids0n, Esq. Emily A. Evans, Esq. F 0 U.S. FEA|,5 s"eté:'t°c.a;°“ FEB 02 2011 1ANFUPAl¥ 0l.EH(