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Mon, January 12, 2009

VIVUS Announces Issuance of Key European Patent for Qnexa"


Published on 2009-01-12 04:23:47, Last Modified on 2009-01-12 04:24:46 - Market Wire
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MOUNTAIN VIEW, Calif.--([ BUSINESS WIRE ])--VIVUS, Inc. (NASDAQ: VVUS), a pharmaceutical company dedicated to the development and commercialization of novel therapeutic products, today announced that the European Patent Office has granted a patent for Qnexa, an investigational, oral weight loss product for the treatment of obesity and related conditions. The European patent, No. 1,187,603, broadly covers Qnexa and its use as a weight loss treatment. The patent extends the intellectual property protection of Qnexa beyond the already issued patents in the United States and abroad.

"This patent represents another successful milestone for VIVUS. Qnexa is now protected by several issued patents and is the subject of multiple pending patent applications in the United States and other countries. The grant of the European patent application significantly expands the intellectual property protection for Qnexa," commented Leland Wilson, president and chief executive officer of VIVUS.

The patent broadly covers methods and pharmaceutical compositions effecting weight loss with combinations of a sypathomimetic, including phentermine and an anticonvulsant, including topiramate. The two active components in Qnexa are phentermine and topiramate. The patent includes a wide range of doses, timing and administration of the active components as well as packaging and titration kits expected to be used with Qnexa.

About VIVUS

VIVUS, Inc. is a pharmaceutical company dedicated to the development and commercialization of novel therapeutic products. The current portfolio includes investigational product candidates addressing obesity, diabetes and sexual health. The investigational pipeline includes: Qnexa™, which is in phase 3 for the treatment of obesity and has completed a phase 2 study for the treatment of type 2 diabetes; avanafil, which is in phase 3 for the treatment of erectile dysfunction ("ED"), and Luramist™ (Testosterone MDTS®), for which a phase 2 study has been completed for the treatment of Hypoactive Sexual Desire Disorder ("HSDD"). MUSE® is approved and currently on the market for the treatment of ED. For more information on clinical trials and products, please visit the company's web site at [ http://www.vivus.com/ ].

Certain statements in this press release are forward-looking within the meaning of the Private Securities Litigation Reform Act of 1995. These statements may be identified by the use of forward-looking words such as "anticipate," "believe," "forecast," "estimated" and "intend," among others. These forward-looking statements are based on VIVUS' current expectations and actual results could differ materially. There are a number of factors that could cause actual events to differ materially from those indicated by such forward-looking statements. These factors include, but are not limited to, substantial competition; uncertainties of patent protection and litigation; uncertainties of government or third party payer reimbursement; reliance on sole source suppliers; limited sales and marketing efforts and dependence upon third parties; risks related to the development of innovative products; and risks related to failure to obtain FDA clearances or approvals and noncompliance with FDA regulations. As with any pharmaceutical under development, there are significant risks in the development, regulatory approval and commercialization of new products. There are no guarantees that future clinical studies discussed in this press release will be completed or successful or that any product will receive regulatory approval for any indication or prove to be commercially successful. VIVUS does not undertake an obligation to update or revise any forward-looking statement. Investors should read the risk factors set forth in VIVUS' Form 10-K for the year ended December 31, 2007 and periodic reports filed with the Securities and Exchange Commission.

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