Trius Announces Patent Term Extension for Torezolid Phosphate

Provides U.S. Patent Exclusivity Through Early 2028


SAN DIEGO, April 11, 2011 (GLOBE NEWSWIRE) -- Trius Therapeutics, Inc. (Nasdaq:TSRX) announced today that the Company has received official notification from the U.S. Patent and Trademark Office that U.S. Patent No. 7,816,379 which covers the composition of matter of torezolid phosphate (TR-701), the Company's lead investigational drug, has been extended by one thousand one hundred sixty-three (1,163) days. The patent term adjustment granted by the U.S. Patent and Trademark Office extends patent coverage in the United States on torezolid phosphate until February 23, 2028.

"A strong and long-lived intellectual property position has significant implications for the commercial value of torezolid phosphate," said Jeffrey Stein, Ph.D., President and Chief Executive Officer of Trius. "This patent term extension of over 3 years provides Trius with over 17 years of exclusivity in the U.S. from the start of our Phase 3 clinical program and will enable us to optimize the commercial potential of torezolid phosphate."

Trius acquired worldwide rights outside of North and South Korea to a family of patent applications that provide patent coverage for composition of matter and methods of making and using torezolid phosphate through an exclusive license from Dong-A Pharmaceuticals in 2007. Counterpart applications have previously been granted in Australia, India, New Zealand and Russia. Additional counterpart applications are under review in other countries. In addition to the U.S. patent and the four allowed or issued foreign patents mentioned above, Trius has filed patent applications directed to other aspects of torezolid phosphate discovered by Trius' scientists. Should these applications issue, patent exclusivity for such aspects of torezolid phosphate would extend through 2030.

About Trius Therapeutics

Trius Therapeutics is a biopharmaceutical company focused on the discovery, development and commercialization of innovative antibiotics for serious, life-threatening infections. The company's lead investigational drug, torezolid phosphate, is an IV and orally administered second generation oxazolidinone in Phase 3 clinical development for the treatment of acute bacterial skin and skin structure infections (ABSSSI), the first such trial to be initiated under a Special Protocol Assessment (SPA). In addition to the company's torezolid phosphate clinical program, it is currently conducting two preclinical programs using its proprietary discovery platform to develop antibiotics to treat infections caused by gram-negative bacteria. For more information, visit www.triusrx.com.

Forward-Looking Statements

Statements contained in this press release regarding matters that are not historical facts are "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Because such statements are subject to risks and uncertainties, actual results may differ materially from those expressed or implied by such forward-looking statements. Such statements include, but are not limited to, statements regarding the potential benefits and protections afforded to Trius through issued patents and patents which may be issued in the future and the potential duration of those benefits. Risks that contribute to the uncertain nature of the forward-looking statements include: Trius' ability to obtain additional financing; the success and timing of Trius' preclinical studies and clinical trials; regulatory developments in the United States and foreign countries; the performance of third-party manufacturers; changes in Trius' plans to develop and commercialize its product candidates; Trius' ability to obtain and maintain intellectual property protection for its product candidates; and the loss of key scientific or management personnel. These and other risks and uncertainties are described more fully in Trius' most recently filed SEC documents, including its Annual Report on Form 10-K and Quarterly Reports on Form 10-Q, including those factors discussed under the caption "Risk Factors" in such filings. All forward-looking statements contained in this press release speak only as of the date on which they were made. Trius undertakes no obligation to update such statements to reflect events that occur or circumstances that exist after the date on which they were made.



            

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