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Depomed Announces Allowance of U.S. Patent Covering Gastric Retentive Gabapentin Dosage Forms


Monday, February 01, 2010

Menlo Park, CA -- Depomed, Inc. (Nasdaq: DEPO) announced today that it has received a Notice of Allowance from the U.S. Patent and Trademark Office for a U.S. patent application (No. 12/239,591) directed to pharmaceutical dosage forms that deliver the compound gabapentin via Depomed’s proprietary Acuform® gastric retentive drug delivery technology.

Paul B. Simboli, Depomed’s senior director of Intellectual Property, noted that with the issuance of this additional patent, Depomed will hold six U.S. patents covering DM-1796, its product candidate for postherpetic neuralgia licensed to Solvay Pharmaceuticals, and holds or has sublicensed seven U.S. patents covering SeradaTM, its product candidate for menopausal hot flashes. The patents have expiration dates ranging from 2016 to 2024. The 21 newly allowed claims will expire in 2024.

Carl A. Pelzel, Depomed’s president and chief executive officer, added, "This new patent further expands the patent portfolio around our extended release gabapentin formulation technology. There are significant near-term developments upcoming for both product candidates covered by this patent. We look forward to an NDA filing for DM-1796 for the treatment of postherpetic neuralgia later this quarter, and initiation of a Phase 3 trial for SeradaTM for the treatment of menopausal hot flashes early in the second quarter."

About Depomed

Depomed, Inc. is a specialty pharmaceutical company with one product candidate through Phase 3 clinical development, another in Phase 3 clinical development, two approved products on the market and other product candidates in its early stage pipeline. Product candidate DM-1796 has completed Phase 3 clinical development and has been licensed to Solvay Pharmaceuticals. A New Drug Applications for DM-1796 is expected to be filed with the FDA in the first quarter of 2010. Product candidate SeradaTM is in Phase 3 clinical development for menopausal hot flashes. GLUMETZA® (metformin hydrochloride extended release tablets) is approved for use in adults with type 2 diabetes and promoted by Santarus, Inc. in the United States. Depomed formulates its products and product candidates with its proven, proprietary Acuform® drug delivery technology, which is designed to improve existing oral medications, allowing for extended, controlled release of medications to the upper gastrointestinal tract. Benefits of Acuform-enhanced pharmaceuticals include the convenience of once-daily administration, improved treatment tolerability and enhanced compliance and efficacy. Additional information about Depomed may be found on its website, www.depomed.com.

"Safe Harbor" Statement under the Private Securities Litigation Reform Act of 1995.

The statements that are not historical facts contained in this release are forward-looking statements that involve risks and uncertainties including, but not limited to, those related to our clinical development programs; our research and development efforts, including pre-clinical and clinical testing; regulation by the FDA and other government agencies; the timing of regulatory applications and product launches; and other risks detailed in the company’s Securities and Exchange Commission filings, including the company’s Annual Report on Form 10-K and most recent Quarterly Report on Form 10-Q. You are cautioned not to place undue reliance on these forward-looking statements which speak only as of the date hereof. The company undertakes no obligation to publicly release the result of any revisions to these forward-looking statements that may be made to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events.



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