NOTE: This order is nonprecedential.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