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Depomed Announces Allowance of Additional U.S. Patent Covering Gabapentin GR(R)

June 17, 2008

Depomed, Inc. (NASDAQ:DEPO) announced today that it has received a Notice of Allowance from the U.S. Patent and Trademark Office for U.S. patent application number 10/280,309.

Paul B. Simboli, Depomed’s director of Intellectual Property, noted that the patent contains claims directed to methods for treating neuropathic pain and claims related to methods for delivering compounds via specific dosage form technologies.

Carl A. Pelzel, Depomed’s president and chief executive officer, added, “This additional patent and the 67 newly allowed claims significantly extend the patent portfolio around our two active Gabapentin GR programs, one of which is currently in a pivotal Phase 3 clinical trial for the treatment of postherpetic neuralgia, and another for the treatment of menopausal hot flashes which we expect to advance into Phase 3 later this year.”

Subject to final issuance from the Patent and Trademark Office, the newly allowed claims are expected to expire in 2024, taking into account an anticipated patent term adjustment of at least 21 months. In addition to the allowed U.S. patent application, a corresponding patent has also been granted in Australia, and is pending in numerous other countries.

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(R) (metformin hydrochloride extended release tablets) is approved for use in adults with type 2 diabetes. 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 will be marketed in the United States within the urology specialty by Watson Pharmaceuticals. Product candidate Gabapentin GR(R) is currently in clinical development for the treatment of neuropathic pain and for menopausal hot flashes. Additional information about Depomed may be found on its web site, www.depomedinc.com.

“Safe Harbor” Statement under the Private Securities Litigation Reform Act of 1995. 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 intellectual property portfolio, 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.




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