Narrative Opinion Summary
Sanofi-Aventis submitted a motion for summary affirmance and issuance of the mandate, which the court has granted. Teva Pharmaceuticals USA, Inc. consents to this motion. The appeal was previously stayed pending the outcome of Sanofi-Aventis v. Apotex, where the court upheld the validity of Sanofi's patent. Following this ruling, both Sanofi and Teva agree that the current appeal should be resolved by affirming the trial court's decision. Consequently, the court has ordered the summary affirmation of the United States District Court for the Southern District of New York's judgment and issued the mandate. Each party will bear its own costs.
Legal Issues Addressed
Allocation of Costs in Appellate Proceedingssubscribe to see similar legal issues
Application: Each party is responsible for bearing its own costs in the appellate proceedings, as agreed upon by the parties involved.
Reasoning: Each party will bear its own costs.
Impact of Related Case Rulings on Current Appealssubscribe to see similar legal issues
Application: The outcome of a related case, where the validity of a patent was upheld, serves as a basis for resolving the current appeal through affirmation of the lower court's decision.
Reasoning: The appeal was previously stayed pending the outcome of Sanofi-Aventis v. Apotex, where the court upheld the validity of Sanofi's patent.
Issuance of Mandate by Appellate Courtsubscribe to see similar legal issues
Application: The court issues a mandate following the summary affirmance of the lower court's judgment, signifying the conclusion of the appellate process.
Reasoning: Consequently, the court has ordered the summary affirmation of the United States District Court for the Southern District of New York's judgment and issued the mandate.
Motion for Summary Affirmancesubscribe to see similar legal issues
Application: The court grants a motion for summary affirmance when both parties agree to the resolution of the appeal based on a prior ruling in a related case.
Reasoning: Sanofi-Aventis submitted a motion for summary affirmance and issuance of the mandate, which the court has granted. Teva Pharmaceuticals USA, Inc. consents to this motion.
Resolution of Appeals by Agreement of Partiessubscribe to see similar legal issues
Application: When both parties in an appeal agree on the outcome based on a prior ruling, the appellate court may affirm the trial court's decision without further proceedings.
Reasoning: Following this ruling, both Sanofi and Teva agree that the current appeal should be resolved by affirming the trial court's decision.