Sanofi-Aventis, Sanofi-Synthelabo, Inc. v. Teva Pharmaceuticals USA, Inc.

NOTE: This order is nonprecedential.
United States Court of Appeals for the Federal Circuit
2007-1521
SANOFI-AVENTIS, SANOFI-SYNTHELABO, INC., and
BRISTOL-MYERS SQUIBB SANOFI
PHARMACEUTICALS HOLDING PARTNERSHIP,
Plaintiffs-Appellees,
V.
TEVA PHARMACEUTICALS USA, INC.,
Defendant-Appellant.
Appeal from the United States District Court for the Southern District of
New York in case no. 04-CV-7548, Judge Sidney H. Stein.
ON MOTION
Before MAYER, CLEVENGER, and RADER Circuit Judges.
MAYER, Circuit Judge.
ORDER
Sanofi-Aventis et al. (Sanofi) submit correspondence that the court treats as a
motion for summary affirmance and issuance of the mandate. Sanofi states that Teva
Phamaceuticals USA, Inc. consents.
This appeal was stayed pending the court's disposition of Sanofi-Aventis v.
Apotex, 2007-1438. In Apotex the court affirmed the district court's ruling that Sanofi's
patent was not invalid. Sanofi states that Sanofi and Teva agree that, in light of the
court's disposition in Apotex, this appeal should be disposed of by issuance of a
mandate affirming the trial court's decision.

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Accordingly,
IT IS ORDERED THAT:
The motion is granted. The judgment of the United States District Court
for the Southern District of New York is summarily affirmed and the mandate is issued
herewith.
Each side shall bear its own costs.
FOR THE COURT
Jan Horbaly
Clerk
cc: Evan R. Chesler, Esq.
Daniel F. Attridge, Esq.
U.S. COURTn0FLEARTALS FOR s17 THE FEDERAL CIRCUIT
3 0ISSUED AS A MANDATE: JUL 2009 JUL 3 0 2009
All 'MOLY
CLERK
JUL 3 0 2009
Date
/s/ Jan Horbaly

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