Astellas Pharma, Inc. v. Ascent Pharmaceuticals, Inc.

Astellas Pharma, Inc. v. Ascent Pharmaceuticals, Inc. The Federal Circuit granted the joint motion to remand in light of the settlement and the district court’s indicative ruling. The court took no position on whether vacatur is proper or necessary, leaving that question to the district court under Bancorp. The order is a reminder that settlement-driven vacatur after appeal remains for the district court to evaluate under Bancorp, even when the Federal Circuit remands on an indicative ruling. Motion granted to the extent the appeal was remanded; each side to bear its own costs; order issued as the mandate. The parties reported a settlement resolving all claims between them. The district court issued an indicative ruling stating it would partially vacate and modify its March 6, 2026 final judgment if the Federal Circuit remanded. The Federal Circuit remanded but expressly declined to endorse or reject vacatur. The district court must consider United States Bancorp Mortgage Co. v. Bonner Mall Partnership in deciding any vacatur request. No merits patent issue was decided in this nonprecedential order. remand non-precedential remand non-precedential remand non-precedential