Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

Weekly Digest
Fed. Cir.

Khan v. Merit Medical Systems, Inc., No. 26-1334 (Fed. Cir. Apr. 16, 2026)

Dismissed
Court
U.S. Court of Appeals for the Federal Circuit
Case No.
No. 26-1334
Decided
April 16, 2026
Judge
Per curiam
Document
Order on Motion
Length
2 pages

NOTE: This order is nonprecedential. United States Court of Appeals

for the Federal Circuit

NAZIR KHAN,

Plaintiff-Appellant

IFTIKHAR KHAN,

Plaintiff

v.

MERIT MEDICAL SYSTEMS, INC.,

Defendant-Appellee

2026-1334

Appeal from the United States District Court for the District of Utah in No. 2:21-cv-00337-HCN-CMR, Judge Howard C. Nielson, Jr.

ON MOTION

Before DYK, REYNA, and HUGHES, Circuit Judges.

O R D E R

Merit Medical Systems, Inc. moves to dismiss this appeal, which Nazir Khan opposes. We dismiss.

22 KHAN v. MERIT MEDICAL SYSTEMS, INC.

This court previously affirmed the dismissal of Mr. Khan’s complaint against Merit Medical. Khan v. Merit Med. Sys., Inc., No. 2023-2329, 2024 WL 3421395 (Fed. Cir. July 16, 2024). On November 24, 2025, the district court denied several of Mr. Khan’s post-judgment motions, which appear to be based on Rule 60(b) of the Federal Rules of Civil Procedure. On January 11, 2026, Mr. Khan filed a notice of appeal from the November 24, 2025 order.

“[T]he timely filing of a notice of appeal in a civil case is a jurisdictional requirement.” Bowles v. Russell, 551 U.S. 205, 214 (2007). In order to be timely, a notice of appeal here had to be filed within 30 days after entry of the judgment or order appealed from, 28 U.S.C. § 2107; Fed. R. App. P. 4. Mr. Khan failed to file his appeal within that jurisdictional deadline. We have considered Mr. Khan’s arguments but find none establish our jurisdiction. In particular, while Mr. Khan notes that a district court may, under § 2107, grant a motion to extend the time to appeal, here no such motion was filed, much less granted.

Accordingly,

IT IS ORDERED THAT:

(1) The motion is granted. The appeal is dismissed. (2) Each party shall bear its own costs.

FOR THE COURT

Figure on page 2 of the opinion

April 16, 2026 Date

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Cite this opinion

Khan v. Merit Medical Systems, Inc., No. 26-1334 (Fed. Cir. Apr. 16, 2026).

Record ID
CAFC-26-1334-20260416
Permalink
https://patentcasewatch.com/opinions/CAFC-26-1334-20260416

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