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Published on 3/1/2006 in the Prospect News Biotech Daily.

Vivus receives key patent for MDTS delivery system

By E. Janene Geiss

Philadelphia, March 1 - Vivus, Inc. said Wednesday that an additional patent relating to the Metered Dose Transdermal Spray (MDTS) has been granted by the U.S. Patent and Trademark Office to Acrux.

This patent, which expires July 31, 2022, provides protection for the MDTS applicator, which is used in two of Vivus's women's health products under clinical development: Testosterone MDTS for the treatment of decreased libido; and Evamist for the treatment of menopausal symptoms, according to a company news release.

Vivus licensed the U.S. rights to these products from Acrux in 2004. The pivotal phase 3 trial of Evamist is nearing completion, officials said.

"This new patent gives additional protection for Evamist and our testosterone spray," Peter Tam, senior vice president of product and corporate development, said in the release.

"In this increasingly competitive market, a strong proprietary position is critical to commercial success. This patent along with other issued patents for MDTS technology will, in our view, prevent other competitive estrogen and testosterone transdermal sprays from entering the market through the life of these patents," Tam added.

Vivus is a Mountain View, Calif., specialty pharmaceutical company focused on research and development of proprietary products to restore sexual function for women and men.


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