FISHER PAYKEL HEALTHCARE LIMITED v. RESMED LIMITED (2019)

United States Court of Appeals, Federal Circuit.

FISHER & PAYKEL HEALTHCARE LIMITED, Appellant v. RESMED LIMITED, Appellee

2018-2262

Decided: November 15, 2019

John B. Sganga, Jr., Benjamin J. Everton, Attorneys, Knobbe, Martens, Olson & Bear, LLP, Irvine, CA, for Appellant Roger A. Denning, Fish & Richardson, PC, San Diego, CA, John A. Dragseth, Esq., Attorney, Michael Timothy Hawkins, Attorney, Michael J. Kane, Fish & Richardson P.C., Minneapolis, MN, Frank Scherkenbach, Fish & Richardson, PC, Boston, MA, for Appellee

ON MOTION

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 appellant Fisher & Paykel Healthcare Limited (“Fisher”) lacks standing to maintain this appeal. We decline to rule on 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.

Per Curiam.

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