Appeals Court Nixes Savient Injunction Bid

Law360 (January 2, 2007, 12:00 AM EST) -- A federal appeals court has dealt a blow to Savient Pharmaceuticals Inc., opening the market for Savient’s $60 million weight control drug Oxandrin to generic competition.

On December 28, the U.S. Court of Appeals for the Federal Circuit denied Savient’s bid for a preliminary injunction, giving Sandoz Inc. and Upsher-Smith Laboratories Inc. the green light to launch generic oxandrolone products. Oxandralone is Oxandrin’s active ingredient.

Savient sued Sandoz and Upsher-Smith earlier this month in New Jersey for patent infringement, citing the defendants’ attempts to market generic...
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