EAST BRUNSWICK, N.J.--(BUSINESS WIRE)--Savient Pharmaceuticals, Inc. (NASDAQ: SVNT) announced today that the U.S. District Court for the District of New Jersey, after considering legal briefs and supporting affidavits from all parties, ordered late on Friday that the temporary restraints contained in the Temporary Restraining Order (“TRO”) previously issued by the Court enjoining all sales of generic oxandrolone tablets by Sandoz Pharmaceuticals, a Novartis Pharmaceuticals company (NYSE: NVS), and Upsher-Smith Laboratories be lifted at 5:00pm on Tuesday, December 12, 2006. However, the Court has certified a legal issue for appeal by Savient, although the opinion underlying the Court’s Order has not yet been made available and thus the basis of such appeal is not yet known at this time. The TRO was granted in the lawsuit filed by Savient against Sandoz and Upsher-Smith for infringement of Savient's U.S. Patent Nos. 5,872,147 ("the '147' patent"); 6,090,799 ("the '799 patent"); 6,576,659 ("the '659 patent"); 6,670,351 ("the '351 patent"); and 6,828,313 ("the '313 patent"). These patents relate to various methods of using Savient's product Oxandrin® (oxandrolone tablets, USP) CIII.
