Note: This order is nonprecedential. Gnited States Court of Appeals
for the federal Circuit
AVENTIS PHARMA S.A. anp SANOFI-AVENTIS U.S.
LLC,
Piaintiffs-Appellants,
Vv.
ACCORD HEALTHCARE INC. USA,
Defendant-Appellee.
2011-1442
Appeal from the United States District Court for the District of Delaware in case no. 11-CV-0018, Chief Judge Gregory M. Sleet.
ORDER
Before Prost, MAYER, and REYNA, Circuit Judges.
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 afÏrm the judgment of the United States District Court for the District of Delaware.
2AVENTIS PHARMA v. ACCORD HEALTHCARE 2
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 afÏrmed 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 afÏrmed.
(2) Each side shall bear its own costs. (3) All pending motions are moot.
For THE COURT Aus 10 2012 ‘si J
an Horbaly Date Jan Horbaly
Clerk
uag ear”
AUG 16 2012
JAN HORBALY
CLERK
33 AVENTIS PHARMA V. ACCORD HEALTHCARE
ce: George F. Pappas, Esq.
Michael R. Dzwonczyk, Esq.
825