Alza Corp. and Marion Merrell Dow Inc. said Wednesday that aU.S. District Court in New Jersey denied a request by Ciba-GeigyCorp. for a temporary restraining order to prevent sales ofAlza's Nicoderm transdermal nicotine patch.

The court set a Dec. 23 hearing date to act on Ciba-Geigy'smotion for a preliminary injunction against Palo Alto, Calif.-based Alza and its marketing partner, MMD of Kansas City, Mo.Nicoderm received Food and Drug Administration marketingapproval on Nov. 8.

Ciba-Geigy filed suit against Alza and MMD on Monday, alleginginfringement of U.S. patent No. 5,016,656. The FDA approvedCiba-Geigy's patch on Nov. 27.

A federal court hearing on a second patent suit against Alzaand MMD is scheduled for tomorrow in San Francisco. The suitwas filed by Elan Corp. plc and American Cyanamid Co.

If a preliminary injunction isn't granted in that suit, MMD willbegin selling Nicoderm, said Alza spokeswoman Bonnie Burdett.

Alza shares (AMEX:AZA) closed up 25 cents at $85.38. -- KB

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