MALVERN, PA and EXETER, NH--(Marketwire - December 04, 2008) - Auxilium Pharmaceuticals, Inc. (NASDAQ: AUXL) and CPEX Pharmaceuticals, Inc. (NASDAQ: CPEX) announced today that they have filed a lawsuit against Upsher-Smith Laboratories, Inc. (Upsher-Smith) for infringement of CPEX's U.S. Patent No. 7,320,968 ("the '968 Patent"), which covers Testim®, 1% testosterone gel. The lawsuit was filed in the United States District Court for the District of Delaware.
