Aventis Pharma S.A. v. Amphastar Pharmaceuticals, Inc.

ORDER GRANTING PLAINTIFFS AVENTIS PHARMA S.A. AND AVENTIS PHARMACEUTICALS INC.’S MOTION TO SUBSTITUTE UNITED STATES REISSUE PATENT NO. RE 38, 743 FOR UNITED STATES PATENT NO. 5,389,618.

The court, Judge Robert J. Timlin, has read and considered plaintiffs Aventis Pharma S.A. and Aventis Pharmaceuticals Inc. (collectively, “Aventis”)’ motion to substitute United States Reissue Patent No. RE 38,743 (“ ’743 reissue patent”) for United States Patent No. 5,389,618 (“ ’618 patent”), defendants Amphastar Pharmaceuticals, Inc. (“Amphastar”) and Teva Pharmaceuticals USA, Inc. (“Teva”) (collectively, “Defendants”)’ oppositions, and Aventis’ reply. The court has also read and considered Defendants’ responses to Aventis’ reply as directed by the court in its July 5, 2005 Order Directing Response.

The court has also read and considered the joint statement of the parties’ positions re the proposed judgment pursuant to Federal Rules of Civil Procedure, Rule 54(b) and stayed matters, Aventis’ objections to Amphastar’s portion of the joint statement, Amphastar’s response to Aven-tis’ objections, and Aventis’ “further objections to Amphastar’s false and misleading comments to the court,” in…