AVENTIS PHARMA V SANDOZ, No. 08-1560 (Fed. Cir. 2009)

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CORRECTED: February 3, 2009 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit 2008-1560, -1563, -1591 AVENTIS PHARMA S.A. and AVENTIS PHARMACEUTICALS INC., Plaintiffs-Appellants, v. SANDOZ, INC., Defendant-Appellee. Appeals from the United States District Court for the Central District of California in consolidated cases nos. 06-CV-4858 and 07-CV-2558 and case No. 07-CV-3658, Senior Judge Mariana R. Pfaelzer. ON MOTION Before PROST, Circuit Judge. ORDER Sandoz, Inc. moves to summarily affirm the judgment of the United States District Court for the Central District of California and award sanctions. Aventis Pharma S.A. and Aventis Pharmaceuticals Inc. oppose. Sandoz replies. We deem the better course is to deny the motions without prejudice to the parties addressing the issues in their briefs. Accordingly, IT IS ORDERED THAT: (1) Sandoz's motion for summary affirmance is denied without prejudice to the parties addressing the issues in their briefs. (2) Sandoz's motion for sanctions is denied without prejudice to Sandoz later requesting sanctions pursuant to Fed. R. App. P. 38 if appropriate. FOR THE COURT FEB 3 2009 /s/ Jan Horbaly Jan Horbaly Clerk Date cc: Donald R. Dunner, Esq. Meredith Martin Addy, Esq. FEB 0 3 2009 JAN HORBALY CLERK s19 2008-1560, -1563, -1591 FILED U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT 2

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