ASCLETIS PHARMA INC. v. ITC

ASCLETIS PHARMA INC. v. ITC [ORDER] The Federal Circuit granted the Commission’s motion to dismiss Viking’s cross-appeal. The court deconsolidated and dismissed Appeal No. 2025-2162, taxed costs against Viking, and left Ascletis’s appeal, No. 2025-2164, to proceed. The order is a procedural reminder that unopposed ITC cross-appeals may be dismissed without affecting the remaining merits appeal. Motion granted; Appeal No. 2025-2162 deconsolidated and dismissed; mandate issued as to that appeal only; costs taxed against Viking. The order is nonprecedential and addresses only the Commission’s motion to dismiss Viking’s cross-appeal. The underlying matter is ITC Investigation No. 337-TA-1352, but the order does not describe the patents, products, domestic-industry theory, or merits issues. Viking did not oppose dismissal, although it purported to reserve rights to challenge dismissal in future proceedings. The Federal Circuit dismissed and deconsolidated Viking’s cross-appeal, taxed costs against Viking, and transmitted the order to the merits panel for Ascletis’s remaining appeal. non-precedential standing / jurisdiction waiver / forfeiture non-precedential standing / jurisdiction waiver / forfeiture non-precedential standing / jurisdiction