Opinion
2011-1442
08-10-2012
AVENTIS PHARMA S.A. AND SANOFI-AVENTIS U.S. LLC, Plaintiffs-Appellants, v. ACCORD HEALTHCARE INC. USA, Defendant-Appel lee.
NOTE: This order is nonprecedential.
Appeal from the United States District Court for the District of Delaware in case no. ll-CV-0018, Chief Judge Gregory M. Sleet.
ORDER
Before PROST, MAYER, and REYNA, Circuit Judges. PROST, Circuit Judge.
ORDER
The court construes Aventis Pharma S.A. and Sanofi-Aventis U.S., LLC ("Aventis")'s response to this court's March 17, 2011 order as an unopposed motion to lift the stay and summarily affirm the judgment of the United States District Court for the District of Delaware.
This appeal arises out of a complaint filed by Aventis in the district court alleging infringement of U.S. Patent Nos. 5,714,512B1 and 5,750,561. In a related case, Aventis Pharma S.A. v. Hospira, Inc., 07-CV-0721 (D. Del. 2010) (Hospira), the district court found that the same patent claims asserted in this case were invalid and unenforceable due to inequitable conduct. In light of Hospira, the district court entered final judgment in this case against Aventis, and Aventis appealed to this court. This court stayed proceedings pending final disposition of Hospira.
On April 9, 2012, this court affirmed the district court's judgment in Hospira. See Aventis Pharma S.A. v. Hospira, Inc., 675 F.3d 1324 (Fed. Cir. 2012). In light of this court's decision in Hospira, Aventis concedes that the district court's judgment in this case should be consistent with Hospira.
Accordingly,
IT IS ORDERED THAT:
(1) The motion is granted. The stay is lifted and the judgment of the district court is affirmed.
(2) Each side shall bear its own costs.
(3) All pending motions are moot.
FOR THE COURT
_________________
Jan Horbaly
Clerk
cc: George F. Pappas, Esq.
Michael R. Dzwonczyk, Esq.
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