Court Grants Depomed's Motion for Summary Judgment of Patent Infringement Against IVAX

Business Wire, Dec 13, 2007

Court Rejects All Summary Judgment Motions From IVAX

MENLO PARK, Calif. -- Depomed, Inc. (Nasdaq:DEPO), today announced that Judge Charles Breyer of the United States District Court for the Northern District of California has granted Depomed's motion for summary judgment of infringement of U.S. Patent Nos. 6,340,475 and 6,635,280 in the company's patent litigation against IVAX Corporation, and denied all three of IVAX's summary judgment motions.

The impact of the court's rulings is that IVAX's infringement of Depomed's patents has been established as a matter of law, without the need for a trial on that issue. The court ruled against IVAX on IVAX's motions for summary judgment related to the validity and enforceability of the patents, and the lack of willful infringement on the part of IVAX.

The court also rejected an interpretation of a disputed patent term proposed by IVAX in support of its invalidity arguments, and instead affirmed Depomed's interpretation of the disputed patent term.

The court has not yet set a trial date for the case.

Carl Pelzel, Depomed's president and chief executive officer, commented, "We are very pleased with the court's ruling, which we believe has significantly strengthened our case going to trial."

In January 2006, Depomed sued IVAX for infringement of U.S. Patent Nos. 6,340,475 and 6,635,280 by IVAX's extended release metformin hydrochloride tablets. The patents are held by Depomed and relate to the company's AcuForm(TM) drug delivery technology.

Depomed is represented by Michael Plimack of Heller Ehrman LLP.

About Depomed

Depomed, Inc. is a specialty pharmaceutical company with two approved products on the market and other product candidates in its pipeline. The company utilizes its proven, proprietary AcuForm(TM) drug delivery technology 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. GLUMETZA(TM) (metformin hydrochloride extended release tablets) is approved for use in adults with type 2 diabetes and is being marketed in Canada by Biovail Corporation. ProQuin([R]) XR (ciprofloxacin hydrochloride) extended release tablets are approved in the United States for the once-daily treatment of uncomplicated urinary tract infections and is being marketed in the United States within the urology and ob/gyn specialties by Watson Pharmaceuticals. Product candidate Gabapentin GR is currently in clinical development for the treatment of two pain indications. A Phase 2 clinical trial of Gabapentin GR in menopausal hot flashes is also underway. Additional information about Depomed may be found on its web site, www.depomedinc.com.

Forward-Looking Statements. Statements in this press release that are not historical facts are forward-looking statements that involve risks and uncertainties. The inclusion of forward-looking statements, including those related to our litigation against IVAX Corporation, our intellectual property, and potential benefits of our products and product candidates, should not be regarded as a representation that any of our plans will be achieved. Actual results may differ materially from those set forth in this release due to the risks and uncertainties inherent in our business, including, without limitation, risks and uncertainties related to: 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; our ability to successfully commercialize our products; the success of our collaborative arrangements with development and commercialization partners; and other risks detailed in our filings with the Securities and Exchange Commission filings, including our most recent Annual Report on Form 10-K and our 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. We undertake no obligation to revise or update this release to reflect events or circumstances that occur after the date of this release.