Khan v. Merit Medical Systems, Inc.

Case: 26-1334 Document: 14 Page: 1 Filed: 04/16/2026

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________ NAZIR KHAN, Plaintiff-Appellant IFTIKHAR KHAN, Plaintiff v. MERIT MEDICAL SYSTEMS, INC., Defendant-Appellee ______________________ 2026-1334 ______________________ Appeal from the United States District Court for the District of Utah in No. 2:21-cv-00337-HCN-CMR, Judge Howard C. Nielson, Jr. ______________________ ON MOTION ______________________ Before DYK, REYNA, and HUGHES, Circuit Judges.

PER CURIAM.

ORDER Merit Medical Systems, Inc. moves to dismiss this ap- peal, which Nazir Khan opposes. We dismiss.

Case: 26-1334 Document: 14 Page: 2 Filed: 04/16/2026

2 KHAN v. MERIT MEDICAL SYSTEMS, INC.

This court previously affirmed the dismissal of Mr. Khan’s complaint against Merit Medical. Khan v. Merit Med. Sys., Inc., No. 2023-2329, 2024 WL 3421395 (Fed. Cir. July 16, 2024). On November 24, 2025, the dis- trict court denied several of Mr. Khan’s post-judgment mo- tions, which appear to be based on Rule 60(b) of the Federal Rules of Civil Procedure. On January 11, 2026, Mr. Khan filed a notice of appeal from the November 24, 2025 order. “[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” Bowles v. Russell, 551 U.S. 205, 214 (2007). In order to be timely, a notice of ap- peal here had to be filed within 30 days after entry of the judgment or order appealed from, 28 U.S.C. § 2107; Fed. R. App. P. 4. Mr. Khan failed to file his appeal within that jurisdictional deadline. We have considered Mr. Khan’s ar- guments but find none establish our jurisdiction. In par- ticular, while Mr. Khan notes that a district court may, under § 2107, grant a motion to extend the time to appeal, here no such motion was filed, much less granted.

Accordingly, IT IS ORDERED THAT: (1) The motion is granted. The appeal is dismissed. (2) Each party shall bear its own costs.

FOR THE COURT

April 16, 2026 Date