NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

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. ______________________

ORDER ______________________

Before PROST, Chief Judge, WALLACH and TARANTO, Circuit Judges. PER 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- 2 LUITPOLD PHARMACEUTICALS, INC. v. PHARMACOSMOS A/S

cle III standing, however, this court dismisses the cross- appeal. IT IS ORDERED THAT: This case is dismissed.

FOR THE COURT

April 12, 2018 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court