Heller Ehrman Client Depomed Wins Summary Judgment of Infringement Against Ivax in Patent Dispute

Heller Ehrman Successfully Represents Depomed; Court Grants Depomed’s Summary Judgment Motion and Rejects All Summary Judgment Motions from IVAX

(SAN FRANCISCO) Dec. 13, 2007 – Heller Ehrman LLP client 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 AcuFormTM drug delivery technology.

Depomed is represented by Michael Plimack of Heller Ehrman LLP.  Plimack is a member of the firm’s Intellectual Property Litigation Practice, which consists of more than 80 IP litigators.  Heller Ehrman’s IP clients include industry leaders such as Apple, Computer Associates, Genentech, Allergan, Mylan Pharmaceuticals, Palm, Symantec, Texas Instruments, and Yahoo!

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 AcuFormTM 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. GLUMETZATM (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® 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.

About Heller Ehrman LLP