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Depomed Announces Favorable Markman Ruling in Nucynta® and Nucynta® ER Patent Litigation
Depomed Prevails on All Disputed Claim Constructions

NEWARK, Calif., Feb. 08, 2016 (GLOBE NEWSWIRE) -- Depomed, Inc. (NASDAQ:DEPO) announced today a favorable Markman claim construction ruling by Judge Claire Cecchi of the United States District Court for the District of New Jersey has been issued in the ongoing patent infringement case against the three filers of Abbreviated New Drug Applications (ANDA) with Depomed prevailing on all disputed claims. These filers are seeking to market generic versions of Nucynta® (tapentadol) and Nucynta® ER (tapentadol) extended released tablets.

In a Markman ruling, also known as a Claim Construction Ruling, the court determines the meaning of disputed patent terms at issue in patent litigation.  Judge Cecchi construed all disputed patent terms as proposed by plaintiffs Depomed and its licensor Grünenthal GmbH.

About Depomed

Depomed is a leading specialty pharmaceutical company focused on enhancing the lives of the patients, families, physicians, providers and payors we serve through commercializing innovative products for pain and neurology related disorders. Depomed markets six medicines with areas of focus that include mild to severe acute pain, moderate to severe chronic pain, neuropathic pain, migraine and breakthrough cancer pain. Depomed is headquartered in Newark, California. To learn more about Depomed, visit

“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 the ongoing ANDA litigation related to Nucynta® and Nucytna® ER, uncertainties relating to enforcement of intellectual property rights in the pharmaceutical industry and other risks detailed in the company’s Securities and Exchange Commission filings, including the company’s Annual Report on Form 10-K for the year ended December 31, 2014 and most recent Quarterly Report on Form 10-Q. The inclusion of forward-looking statements should not be regarded as a representation that any of the company’s plans or objectives will be achieved. 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.

Christopher Keenan
VP, Investor Relations and Corporate Communications

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Depomed, Inc