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Auxilium Loses Testim Patent Claims Against Upsher-Smith

Law360, New York (December 4, 2013, 7:08 PM EST) -- Auxilium Pharmaceuticals Inc. lost a patent infringement suit Wednesday alleging Upsher-Smith Laboratories Inc.'s efforts to create a testosterone gel for men infringed 10 patents related to Auxilium's Testim gel, when a Delaware federal judge ruled Upsher-Smith's formulation didn't infringe.

Auxilium claimed components in the Upsher-Smith product that help androgens pass through the skin and body membranes were equivalent to components in Testim, but U.S. District Judge Sue L. Robinson disagreed, saying the two were different and granting Upsher-Smith summary judgment.

"We are very disappointed with the...
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