Editors note The report can be accessed at http U

The Service Annual Survey (SAS) provides data that help to measure Americascurrent economic performance. Using a sample of about 70,000 service companies,the SAS collects revenue, expenses and e-commerce sales. The services provided by establishments in this sector are delivered byprofessional, trained health practitioners or social workers. Excluded from thissector are aerobic classes; amusement, gambling and recreation industries; andnonmedical diet and weight reduction centers. The estimates provided in this release are based on data from the 2007 ServiceAnnual Survey, which use the 2002 North American Industry Classification Systemand apply only to employer firms Estimates contain sampling and nonsamplingerrors. To keep the identity of an individual firm confidential, some estimatesmay be suppressed.

Users making their own estimates, based on the surveyestimates, should cite the U.S Census Bureau as the source of the originalestimates only. See http: for measures ofsampling variability and other survey information.Editors note: The report can be accessed at http:// U.S. Census BureauTom EdwardsPublic Information Office301-763-3030/763-3762 (fax)Copyright Business Wire 2009. WALTHAM, Mass. & SAINT-CLOUD, France(Business Wire)Oscient Pharmaceuticals Corporation (the "Company") (Nasdaq: OSCI) todayannounced that it, its wholly owned subsidiary Guardian II AcquisitionCorporation, and its licensor, Ethypharm SA, have filed a lawsuit against LupinLimited and its subsidiary Lupin Pharmaceuticals, Inc.

("Lupin") in the UnitedStates District Court for the District of Maryland for infringement of U.S.Patent No. 7,101,574 (the "574 Patent"), which covers ANTARA (fenofibrate)capsules. The Company filed this lawsuit under the Hatch-Waxman Act in response to theParagraph IV certification notice received by the Company from Lupin inaccordance with 21 U.S.C. 355(j)(2)(B)(iv) advising the Company of the filing ofan Abbreviated New Drug Application ("ANDA") by Lupin with the U.S. Food andDrug Administration ("FDA") to market a generic version of ANTARA prior to theexpiry of the 574 Patent in August 2020.

The Company is committed to protecting its intellectual property rights relatingto ANTARA through patent expiration. In accordance with the Hatch-Waxman Act,final FDA approval of the generic drug product will be stayed until the earlierof 30 months from the date of receipt of the Paragraph IV certification noticeor a court decision finding that the 574 Patent is either invalid,unenforceable or not infringed by Lupins proposed generic product. Should Lupinreceive tentative approval of its generic version of ANTARA from the FDA, itcannot lawfully launch its generic version of ANTARA in the U.S until itreceives final approval. On December 3, 2008, the Company announced that it and Ethypharm had receivednotice of a Paragraph IV certification on behalf of Lupin Limited, advising ofthe submission of an ANDA with the FDA for ANTARA.