SANOFI-AVENTIS V TEVA PHARMA, No. 07-1521 (Fed. Cir. 2009)

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NOTE: This order is nonprecedential.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. 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 JUL 3 0 2009 /s/ Jan Horbaly Jan Horbaly Clerk Date cc: Evan R. Chesler, Esq. Daniel F. Attridge, Esq. s17 ISSUED AS A MANDATE: U.S. COURTn LE 0F ARTALS FOR THE FEDERAL CIRCUIT JUL 3 0 2009 JUL 3 0 2009 All 'MOLY CLERK

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