Fisher & Paykel Healthcare v. Resmed Limited

• Court: Court of Appeals for the Federal Circuit
• Decided: November 15, 2019
• Docket: 18-2262
• Status: Unpublished

Opinion

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

FISHER & PAYKEL HEALTHCARE LIMITED, Appellant

v.

RESMED LIMITED, Appellee ______________________

2018-2262 ______________________

Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board in No. IPR2017- 00504. ______________________

ON MOTION ______________________

PER CURIAM. ORDER Appellee ResMed Limited (“ResMed”) moves to dismiss this appeal for lack of subject matter jurisdiction. Despite the title of its motion, ResMed appears to argue that appel- lant Fisher & Paykel Healthcare Limited (“Fisher”) lacks standing to maintain this appeal. We decline to rule on 2 FISHER & PAYKEL HEALTHCARE v. RESMED LIMITED

ResMed’s motion at this time, and instead defer ResMed’s motion until hearing from the parties at oral argument. IT IS ORDERED THAT: ResMed’s motion to dismiss is deferred until after oral argument, at which ResMed is instructed to appear and be prepared to argue the standing issue as well as the merits of Fisher’s appeal.

FOR THE COURT

November 15, 2019 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court