Aventis Pharma S.A. v. Hospira, Inc.
637 F.3d 1341
| Fed. Cir. | 2011Background
- Aventis sued Apotex for patent infringement; case consolidated with Hospira case on same patents.
- District court entered final judgment (Sept. 27, 2010) invalidating all asserted claims for obviousness and inequitable conduct.
- Apotex filed a cross-appeal attempting to challenge additional invalidity and non-infringement related to the same claims.
- Aventis moved to dismiss Apotex's cross-appeal as improper under Rule and precedent.
- Aventis warned Apotex that cross-appeal would be sanctioned; Apotex insisted its cross-appeal was proper.
- Court held that a cross-appeal is improper when the district court has invalidated all asserted claims and would not expand the scope of relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Apotex's cross-appeal is proper | Apotex argues cross-appeal should be allowed to preserve issues | Aventis argues cross-appeal improperly seeks non-expansive arguments | Dismissed as improper cross-appeal that would not expand judgment |
Key Cases Cited
- Bailey v. Dart Container Corp., 292 F.3d 1360 (Fed. Cir. 2002) (cross-appeal only to enlarge rights under judgment)
- TypeRight Keyboard Corp. v. Microsoft Corp., 374 F.3d 1151 (Fed. Cir. 2004) (no basis for cross-appeal when district court finds all claims invalid)