Savient Pharms. v. Sandoz, No. 07-1081 (Fed. Cir.)
On December 28, 2006, the Federal Circuit Court of Appeals denied Savient Pharmaceuticals' motion for a preliminary injunction, pending appeal, to prevent Sandoz and Upsher-Smith from marketing their generic Oxandrin (Oxandrolone) products. Oxandrin, with annual sales of $60 million, is indicated for the promotion of weight gain following extensive surgery, chronic infection, or severe trauma.
Savient appealed an earlier district court decision and had moved the Federal Circuit for a preliminary injunction, pending that appeal. Although Savient may still pursue its appeal if it so chooses, the December 28th Order left Sandoz and Upsher-Smith free to launch their generic Oxandrin products.
In response to the Federal Circuit's decision, Savient announced in a December 29 press release that Watson Pharmaceuticals has launched an A-B rated authorized generic of oxandrolone tablets. Additionally, Savient announced in a press release today that it "will discontinue its 19 person Oxandrin field sales force." It appears that Savient is content to profit from its authorized generic deal with Watson, and will cease promotion of the branded product.
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