ALTAIRE PHARMACEUTICALS INC v. PARAGON BIOTECK INC (2018)

United States Court of Appeals, Federal Circuit.

ALTAIRE PHARMACEUTICALS, INC., Appellant v. PARAGON BIOTECK, INC., Appellee

2017-1487

Decided: October 02, 2018

Before O'Malley, Schall, and Wallach, Circuit Judges.

Charles W. Saber, Dipu A. Doshi, Jonathan W.S. England, Mark J. Thronson, Blank Rome LLP, Washington, DC, Craig E. Countryman, Oliver Richards, Fish & Richardson, PC, San Diego, CA, for Appellant Michael T. Rosato, Sonja Rochelle Gerrard, Ph.D., Attorney, Steven William Parmelee, Wilson, Sonsini, Goodrich & Rosati, PC, Seattle, WA, Douglas H. Carsten, Attorney, Wilson, Sonsini, Goodrich & Rosati, PC, San Diego, CA, Richard Torczon, Attorney, Sonsini, Goodrich & Rosati, PC, Washington, DC, for Appellee

ORDER

Upon consideration of the parties’ September 24, 2018 response to this court's order to show cause,

It Is Ordered That:

We do not typically vacate an issued opinion. Cf. Tivo Inc. v. EchoStar Corp., 429 F. App'x 975, 976 (Fed. Cir. 2011). However, in light of the parties’ settlement in this case, the court shall modify the precedential opinion and judgment issued May 2, 2018, by vacating only the portion that orders remand to the U.S. Patent and Trademark Office's Patent Trial and Appeal Board. Any citation to our underlying opinion should read: Altaire Pharmaceuticals, Inc. v. Paragon Bioteck, Inc., 889 F.3d 1274 (Fed. Cir. 2018), remand order modified by stipulation, [this order].

Per Curiam.

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