Case: 14-1018 Document: 15 Page: 1 Filed: 12/16/2013
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
EMD MILLIPORE CORPORATION, FKA Millipore
Corporation, MILLIPORE AB, AND MILLIPORE
SAS,
Plaintiffs-Appellants,
v.
ALLPURE TECHNOLOGIES, INC.,
Defendant-Appellee.
______________________
2014-1018
______________________
Appeal from the United States District Court for the
District of Massachusetts in No. 1:11-cv-10221-DPW,
Judge Douglas P. Woodlock.
______________________
ON MOTION
______________________
Before RADER, Chief Judge, LOURIE and TARANTO, Circuit
Judges.
RADER, Chief Judge.
ORDER
AllPure Technologies, Inc. (“AllPure”) moves to dis-
miss this appeal for lack of jurisdiction. EMD Millipore
Case: 14-1018 Document: 15 Page: 2 Filed: 12/16/2013
2 EMD MILLIPORE CORPORATION v. ALLPURE TECHNOLOGIES, INC.
Corporation et al. (“Millipore”) oppose and move to deacti-
vate the appeal.
In 2014-1018, Millipore appealed a district court or-
der that granted AllPure’s motion for summary judgment
of non-infringement. Still unresolved were issues of
invalidity and non-enforceability of the patent. Subse-
quent to this appeal, the district court entered final
judgment and dismissed without prejudice Allpure’s
claims of patent invalidity and unenforceability. Milli-
pore timely appealed that final judgment, docketed as
appeal no. 2014-1140.
While we have jurisdiction over appeal no. 2014-1140,
the notice of appeal in the instant case was premature.
Accordingly,
IT IS ORDERED THAT:
(1) 2014-1018 is dismissed for lack of jurisdiction.
(2) The motion to deactivate the appeal is denied.
(3) Each side shall bear its own costs.
FOR THE COURT
/s/ Daniel E. O’Toole
Daniel E. O’Toole
Clerk of Court
s26
ISSUED AS A MANDATE: December 16, 2013