Aventis Pharma S.A. v. Amphastar Pharmaceuticals, Inc.

U.S. Court of Appeals for the Federal Circuit November 1, 2005

Aventis Pharma S.A. v. Amphastar Pharmaceuticals, Inc., 157 F. App'x 258 (Fed. Cir. 2005)

Opinion of the Court

ORDER

Aventis Pharma S.A. et al. (Aventis) move to dismiss Amphastar Pharmaceuticals, Inc.’s appeal, 05-1539, of a claim construction ruling in Aventis Pharma S. A v. Amphastar Pharmaceuticals, Inc., 03-CV-887 (C.D.Cal. Oct. 21, 2004). Amphastar does not oppose.*

Upon consideration thereof,

IT IS ORDERED THAT:

(1) Aventis’ unopposed motion to dismiss Amphastar’s appeal, 05-1539, is granted.

(2) All sides shall bear their own costs for 05-1539.

We note that Amphastar states that it "does not oppose Aventis’ Motion in so far as it seeks to dismiss Amphastar’s Cross-Appeal without prejudice.” However, it is not the practice of this court to dismiss with or without prejudice.

Reference

Full Case Name: AVENTIS PHARMA S.A. and Aventis Pharmaceuticals, Inc. v. AMPHASTAR PHARMACEUTICALS, INC., and Teva Pharmaceuticals USA, Inc., Defendant-Appellee Aventis Pharma S.A. and Aventis Pharmaceuticals, Inc. v. Amphastar Pharmaceuticals, Inc., and Teva Pharmaceuticals USA, Inc.
Status: Published