Regeneron Pharmaceuticals, Inc. v. Mylan Pharmaceuticals Inc.

Opinion

Case: 24-1402 Document: 26 Page: 1 Filed: 04/12/2024

NOTE: This order is nonprecedential.

United States Court of Appeals for the Federal Circuit ______________________

REGENERON PHARMACEUTICALS, INC., Plaintiff-Appellant

v.

MYLAN PHARMACEUTICALS INC., BIOCON BIOLOGICS INC., Defendants-Cross-Appellants

AMGEN USA, INC., Defendant ______________________

2024-1402, 2024-1405 ______________________

Appeals from the United States District Court for the Northern District of West Virginia in No. 1:22-cv-00061- TSK-JPM, Chief Judge Thomas S. Kleeh. ______________________

Before CHEN, LINN, and HUGHES, Circuit Judges. PER CURIAM. ORDER Following this court’s February 22, 2024 show cause order, the parties agree that the court lacks jurisdiction over both the appeal and cross-appeal from the district court’s December 27, 2023 decision resolving fewer than all Case: 24-1402 Document: 26 Page: 2 Filed: 04/12/2024

claims at issue. Under the circumstances, we agree and conclude that dismissal is appropriate. Accordingly, IT IS ORDERED THAT: (1) Appeal Nos. 2024-1402 and 2024-1405 are dis- missed. (2) Each party shall bear its own costs. FOR THE COURT

April 12, 2024 Date

ISSUED AS A MANDATE: April 12, 2024