By Sherri Oslick —

We have reported here and here 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.  The district court judge 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, and the issue
went up to the CAFC on appeal.  Savient
filed its appeal on December 8th, and on December 12th the CAFC granted a TRO.  On December 28th, the CAFC denied the
preliminary injunction, leaving Sandoz free to launch its generic product.

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.