Nazir Khan v. Merit Medical Systems, Inc.

NOTE: This order is nonprecedential.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.
PER CURIAM.
O R D E R
Merit Medical Systems, Inc. moves to dismiss this ap-
peal, which Nazir Khan opposes. We dismiss.
Case: 26-1334 Document: 14 Page: 1 Filed: 04/16/2026

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KHAN v. MERIT MEDICAL SYSTEMS, INC. 2
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 dis-
trict court denied several of Mr. Khan’s post-judgment mo-
tions, 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 ap-
peal 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 ar-
guments but find none establish our jurisdiction. In par-
ticular, 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.
April 16, 2026
Date
FOR THE COURT
Case: 26-1334 Document: 14 Page: 2 Filed: 04/16/2026

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