Depomed Announces Favorable Markman Ruling in Glumetza® Patent Litigation

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MENLO PARK, Calif., May 18, 2011 - Depomed, Inc. (NASDAQ: DEPO) announced today a favorable "Markman" claim construction ruling by Judge Phyllis J. Hamilton of the United States District Court for the Northern District of California in Depomed`s ongoing patent infringement case against Lupin Limited and its subsidiary, Lupin Pharmaceuticals Inc.

In a Markman ruling, the court determines the meaning of disputed patent terms at issue in patent litigation. Judge Hamilton`s ruling construed ten terms in the patents asserted by Depomed in the litigation. After comprehensive briefing and oral argument, Judge Hamilton issued an order principally adopting all ten of Depomed`s proposed patent term constructions.

"We are pleased with the District Court`s ruling and remain confident in our position going forward," said James A. Schoeneck, Depomed`s President and Chief Executive Officer.

The Lupin Litigation

In November 2009, Depomed sued Lupin for infringement of U.S. Patent Nos. 6,340,475, 6,635,280 and 6,488,962, which are listed in the Orange Book for Glumetza® (metformin hydrochloride extended release tablets). The lawsuit was filed in response to an abbreviated new drug application and paragraph IV certification Lupin filed with the U.S. Food and Drug Administration seeking approval to market generic versions of Glumetza 500 mg and 1000 mg tablets. A trial date for the litigation has not yet been set.

About Depomed

Depomed, Inc. is a specialty pharmaceutical company with one approved product on the market and another recently approved product. GraliseTM (gabapentin) is a once-daily treatment approved for the management of postherpetic neuralgia (PHN). 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. The company also has a robust pipeline including Serada®, which is in Phase 3 clinical development for menopausal hot flashes, as well as earlier stage candidates. 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 controlled release of medications to the upper gastrointestinal tract when dosed with food. Additional information about Depomed may be found on its website, http://www.depomed.com.