By Sherri Oslick —

Earlier this week we reported on Savient Pharmaceuticals,
Inc. v. Sandoz, Inc. and Upsher-Smith Laboratories, Inc., 2:06-cv-05782, filed December 4, 2006 in the District Court of
New Jersey.  Judge Sheridan had granted,
then vacated, the temporary restraining order sought by Savient to prevent
Sandoz from taking any actions to market, launch, sell or distribute generic
Oxandrin® (oxandrolone).  Judge
Sheridan denied Savient's request for a preliminary injunction, granting
permission to the parties to file an interlocutory appeal on the issue.

Savient filed its appeal on December 8th, and on December
12th the CAFC granted a TRO, temporarily
enjoining Sandoz from launching generic oxandrolone product, pending receipt of
Sandoz's response and court's consideration of the parties' papers.  Sandoz's response is due by the end of the
day on Friday, December 15th.

The patents in suit are U.S. Patent Nos. 5,872,147;
6,090,799; 6,670,351; 6,576,659; and 6,828,313, all directed to uses of
oxandrolone.