Astellas Pharma, Inc. v. Ascent Pharmaceuticals, Inc., No. 26-1562 (Fed. Cir. Aug. 27, 2026) — Order on Motion

NOTE: This order is nonprecedential.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

for the Federal Circuit ASTELLAS PHARMA, INC., ASTELLAS IRELAND

CO., LTD., ASTELLAS PHARMA GLOBAL

DEVELOPMENT, INC.,

Plaintiffs-Appellees

ASCENT PHARMACEUTICALS, INC.,

Defendant-Appellant

MSN PHARMACEUTICALS, INC., MSN

LABORATORIES PRIVATE LTD.,

Defendants

2026-1562

Appeal from the United States District Court for the District of Delaware in Nos. 1:23-cv-00486-JFB-EGT, 1:23-cv-00689-JFB-EGT, and 1:24-cv-01084-JFB-EGT, Senior Judge Joseph F. Bataillon.

ON MOTION

Before LOURIE, PROST, and REYNA, Circuit Judges.

PER CURIAM.

22 ASTELLAS PHARMA, INC. v. ASCENT PHARMACEUTICALS, INC.

O R D E R

Having “entered a settlement agreement that resolves all claims between them” in this matter, ECF No. 14 at 8, the parties jointly move to remand this appeal in light of the district court’s August 5, 2026 indicative ruling that it would partially vacate and modify its March 6, 2026 final judgment if this court remanded.

This court takes no position on the propriety or necessity of any vacatur, leaving it to the district court to consider the principles enunciated in United States Bancorp Mortgage Co. v. Bonner Mall Partnership, 513 U.S. 18, 29 (1994). Accordingly, IT IS ORDERED THAT:

(1) The motion is granted to the extent that the appeal is remanded. (2) Each side shall bear its own costs.

FOR THE COURT

August 27, 2026 Date ISSUED AS A MANDATE: August 27, 2026

Text extracted from the official PDF and reflowed for reading. It is not a certified transcript — the PDF linked above is the authoritative document.

Cite this opinion

Astellas Pharma, Inc. v. Ascent Pharmaceuticals, Inc., No. 26-1562 (Fed. Cir. Aug. 27, 2026).

Record ID

CAFC-26-1562-20260827

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