Astellas Pharma, Inc. v. Ascent Pharmaceuticals, Inc.

Case: 26-1562 Document: 17 Page: 1 Filed: 08/27/2026

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit

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ASTELLAS PHARMA, INC., ASTELLAS IRELAND

CO., LTD., ASTELLAS PHARMA GLOBAL

DEVELOPMENT, INC.,

Plaintiffs-Appellees v.

ASCENT PHARMACEUTICALS, INC.,

Defendant-Appellant MSN PHARMACEUTICALS, INC., MSN LABORATORIES PRIVATE LTD.,

Defendants ______________________

2026-1562 ______________________

Appeal from the United States District Court for the District of Delaware in Nos. 1:23-cv-00486-JFB-EGT, 1:23- cv-00689-JFB-EGT, and 1:24-cv-01084-JFB-EGT, Senior Judge Joseph F. Bataillon.

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ON MOTION

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Before LOURIE, PROST, and REYNA, Circuit Judges. PER CURIAM.

Case: 26-1562 Document: 17 Page: 2 Filed: 08/27/2026 2 ASTELLAS PHARMA, INC. v. ASCENT PHARMACEUTICALS, INC.

ORDER

Having “entered a settlement agreement that resolves all claims between them” in this matter, ECF No. 14 at 8, the parties jointly move to remand this appeal in light of the district court’s August 5, 2026 indicative ruling that it would partially vacate and modify its March 6, 2026 final judgment if this court remanded.

This court takes no position on the propriety or neces- sity of any vacatur, leaving it to the district court to con- sider the principles enunciated in United States Bancorp Mortgage Co. v. Bonner Mall Partnership, 513 U.S. 18, 29 (1994).

Accordingly, IT IS ORDERED THAT: (1) The motion is granted to the extent that the appeal is remanded.

(2) Each side shall bear its own costs.

FOR THE COURT August 27, 2026

Date ISSUED AS A MANDATE: August 27, 2026