Auxilium Sues Upsher-Smith Over Testim ANDA

Law360, New York (December 5, 2008, 12:00 AM EST) -- Auxilium Pharmaceuticals Inc. has filed a patent infringement suit against Upsher-Smith Laboratories Inc. over the rival's attempts to make a generic version of Testim, a gel used to treat men with low levels of testosterone.

The suit, filed Thursday in the U.S. District Court for the District of Delaware, claims Upsher-Smith's abbreviated new drug application to the U.S. Food and Drug Administration for generic Testim violates a patent for the branded version of the drug.

CPEX Pharmaceuticals Inc. owns U.S. Patent Number 7,320,968, which is listed...
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