Healthcare Industry News:  oxandrolone 

Biopharmaceuticals Generics Litigation

 News Release - December 5, 2006

Savient Pharmaceuticals Obtains Temporary Restraining Order in Patent Infringement Lawsuit Against Sandoz Pharmaceuticals and Upsher-Smith Laboratories

EAST BRUNSWICK, N.J.--(HSMN NewsFeed)--Savient Pharmaceuticals, Inc. (NASDAQ: SVNT ) announced today that it was granted late yesterday a Temporary Restraining Order ("TRO") enjoining all sales of generic oxandrolone tablets by Sandoz Pharmaceuticals, a Novartis Pharmaceuticals company (NYSE: NVS ), and Upsher-Smith Laboratories. The TRO was granted in the lawsuit filed yesterday by Savient against Sandoz and Upsher-Smith in the U.S. District Court for the District of New Jersey 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.

Under the terms of the TRO, Savient also will not launch sales of the A-B rated authorized generic of oxandrolone tablets, USP (C-III), an Oxandrin® brand equivalent product, through Watson Pharmaceuticals, Inc. (NYSE: WPI ) while the TRO is in place, and Sandoz and Upsher-Smith have the right to move to vacate the TRO upon two days notice and the presentation of additional evidence. While the TRO is in place, Savient is permitted to and will continue to market and distribute the Oxandrin® brand product.

Christopher Clement, President and Chief Executive Officer of Savient Pharmaceuticals Inc., said, "We are very pleased with the action taken by the Court late yesterday and remain unwavering in our intention to take the actions necessary to defend our patent rights relating to the use of Oxandrin®. We believe our patent position is strong and anticipate a favorable outcome."

About Oxandrin®

Oxandrin® is Savient's oral anabolic agent indicated as adjunctive therapy to promote weight gain after weight loss following extensive surgery, chronic infection, or severe trauma. Oxandrin® is also indicated for patients who, without definite pathophysiologic reason, fail to gain or maintain normal weight. Oxandrin® can also be used to offset the protein catabolism associated with prolonged corticosteroid use.

About Savient Pharmaceuticals, Inc.

Savient Pharmaceuticals is a biopharmaceutical company engaged in developing and marketing pharmaceutical products that target unmet medical needs in both niche and broader markets. The Company's lead product development candidate, Puricase® (PEG-uricase) for treatment failure gout, has reported positive Phase 1 and 2 clinical data; patient dosing in Phase 3 clinical studies began in May 2006. Savient's experienced management team is committed to advancing its pipeline and expanding its product portfolio by in- licensing late-stage compounds and exploring co-promotion and co-development opportunities that fit the Company's expertise in specialty pharmaceuticals and biopharmaceuticals with an initial focus in rheumatology. Savient also markets Oxandrin® (oxandrolone tablets, USP) CIII in the U.S. Puricase® is a registered trademark of Mountain View Pharmaceuticals, Inc. Further information on Savient can be accessed by visiting:


This news release contains forward-looking statements that are subject to certain risks, trends and uncertainties that could cause actual results and achievements to differ materially from those expressed in such statements. These risks, trends and uncertainties are in some instances beyond Savient's control.

Words such as "anticipate," "believe," "estimate," "expect," "intend," "plan," "will" and other similar expressions help identify forward-looking statements, although not all forward-looking statements contain these identifying words. These forward-looking statements involve substantial risks and uncertainties and are based on current expectations, assumptions, estimates and projections about Savient's business and the biopharmaceutical and specialty pharmaceutical industries in which Savient operates. Such risks and uncertainties include, but are not limited to, Savient's stock price and market conditions, delay or failure in developing Puricase (PEG-uricase) and other product candidates, difficulties of expanding Savient's product portfolio through in-licensing, introduction of generic competition for Oxandrin, fluctuations in buying patterns of wholesalers, potential future returns of Oxandrin or other products, Savient's continuing to incur substantial net losses for the foreseeable future, difficulties in obtaining financing, potential development of alternative technologies or more effective products by competitors, reliance on third-parties to manufacture, market and distribute many of Savient's products, economic, political and other risks associated with foreign operations, risks of maintaining protection for Savient's intellectual property, risks of an adverse determination in ongoing or future intellectual property litigation, and risks associated with stringent government regulation of the biopharmaceutical industry. Savient may not actually achieve the plans, intentions or expectations disclosed in Savient's forward-looking statements. Actual results or events could differ materially from the plans, intentions and expectations disclosed in the forward-looking statements that Savient makes. Stockholders should not place undue reliance on the forward-looking statements, which speak only as to the date of this press release. Savient's forward-looking statements do not reflect the potential impact of any future acquisitions, mergers, dispositions, joint ventures or investments that Savient may make. Except as required by law, Savient does not assume any obligation to update any forward-looking statements.

Source: Savient Pharmaceuticals

Issuer of this News Release is solely responsible for its content.
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