NOTE: This order is nonprecedential

United States Court of Appeals for the Federal Circuit

AVENTIS PHARMA S.A. AND SANOFI-AVENTIS U.S., LLC., ' Plaintiffs-Appellants,

V.

SANDOZ INC., Defendant-Appellee.

2011-1300

Appeal from the United States District Court for the District of De]aware in case no. 11-CV-O043, Chief Judge Gregory M. Sleet.

ON MOTION

Before LoURIE, SCHALL and DYK, Circuiz Judges. LOURIE, Circu,i,t Judge. 0 R D E R

The court construes Aventis Pharma S.A. and Sanofi- Aventis U.S., LLC ("Aventis")’s response to this court’s May 17, 2011 order as an unopposed motion to lift the

AVENTIS PHARMA V. SANDOZ 2

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. 5,714,512]31 and 5,750,561. In a related case, Aventis Pharma S.A. v. Hospira, In,c., 07 -CV-O721 (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. ln 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 Hospiro.

On April 9, 2012, this court affirmed the district court’s judgment in Hospira. See Aventis Ph,arma S.A. v. Hospira, Inc., 675 F.Bd 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 THATL

(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.

FOR THE CoURT

AuG 01 2012 /s/ Jan Horbaly Date J an Horbaly

C1erk cc: George F. Pappas, Esq. David C. Doyle, Esq.

525

U.S. UH'FlIl’-E?PEALS FUB

Fenznru._crncurr AUG 07 2012 JAN HORBA|.Y CLEHK