
    AVENTIS PHARMA S.A. and Sanofi-Aventis U.S. LLC, Plaintiffs-Appellants, v. ACCORD HEALTHCARE INC. USA, Defendant-Appellee.
    No. 2011-1442.
    United States Court of Appeals, Federal Circuit.
    Aug. 10, 2012.
    George F. Pappas, Covington & Burling LLP, Washington, DC, for Plaintiffs-Appellants.
    Neal C. Belgam, Proctor Heyman LLP, Wilmington, DE, for Defendant-Appellee.
    Before PROST, MAYER, and REYNA, Circuit Judges.
   ORDER

PROST, Circuit Judge.

The court construes Aventis Pharma S.A. and Sanofi-Aventis U.S., LLC (“Aventis”)’s response to this court’s March 17, 2011 order as an unopposed motion to lift the 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. 5,714,512B1 and 5,750,561. In a related ease, Aventis Pharma S.A v. Hospira, Inc., 07-CV-0721 (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. In 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 Hospira.

On April 9, 2012, this court affirmed the district court’s judgment in Hospira. See Aventis Pharma S.A. v. Hospira, Inc., 675 F.3d 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 Hospi-ra.

Accordingly,

It Is Ordered That:

(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.

(3) All pending motions are moot.  