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NOTE: This order is nonprecedential.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 dis- miss 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 deacti- vate the appeal.

In 2014-1018, Millipore appealed a district court or- der that granted AllPure’s motion for summary judgment of non-infringement. Still unresolved were issues of invalidity and non-enforceability of the patent. Subse- quent to this appeal, the district court entered final judgment and dismissed without prejudice Allpure’s claims of patent invalidity and unenforceability. Milli- pore 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