UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

 


 

FORM 8-K

 

CURRENT REPORT

Pursuant to Section 13 or 15(d) of

The Securities Exchange Act of 1934

 

Date of Report (Date of earliest event reported)

December 7, 2007

 


 

VIVUS, INC.

 

(Exact name of registrant as specified in its charter)

 

Delaware

 

000-23490

 

94-3136179

(State or other jurisdiction of
incorporation)

 

(Commission File Number)

 

(IRS Employer
Identification No.)

 

1172 CASTRO STREET

MOUNTAIN VIEW, CA 94040

(Address of principal executive offices, including zip code)

 

(650) 934-5200

(Registrant’s telephone number, including area code)

 

N/A

(Former name or former address, if changed since last report)

 

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

 



 

Item 8.01.  Other Events

 

On December 7, 2007, VIVUS, Inc. issued a press release titled “VIVUS to Participate in Panel at the RBC Capital Markets Healthcare Conference.”  A copy of the press release is attached hereto as Exhibit 99.1.

 

The information in this Form 8-K and the exhibit attached hereto shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or incorporated by reference into any of the Registrant’s filings under the Securities Act of 1933, as amended, or the Exchange Act, except as shall be expressly set forth by specific reference in any such filing.

 

Item 9.01.  Financial Statements and Exhibits

 

(d)  Exhibits.

 

Exhibit No.

 

Description

 

 

 

99.1

 

Press Release dated December 7, 2007

 

2



 

SIGNATURES

 

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

 

 
 
VIVUS, INC.

 

 

 

 

By:

/s/ Lee B. Perry

 

 

 

Lee B. Perry

 

 

Vice President and Chief Accounting Officer

 

Date:  December 12, 2007

 

3



 

EXHIBIT INDEX

 

Exhibit No.

 

Description

 

 

 

99.1

 

Press Release dated December 7, 2007

 

4


Exhibit 99.1

 

CONTACT:

 

 

 

VIVUS, Inc.

Trout Group

Timothy E. Morris

Ian Clements (SF) 415-392-3385

Chief Financial Officer

Brian Korb (NYC) 646-378-2923

650-934-5200

 

 

 

FOR IMMEDIATE RELEASE

 

 

VIVUS TO PARTICIPATE IN PANEL AT THE 2007 RBC CAPITAL MARKETS
HEALTHCARE CONFERENCE

 

Mountain View, Calif, December 7, 2007 — VIVUS, Inc. (NASDAQ: VVUS), a pharmaceutical company dedicated to the development and commercialization of novel therapeutic products, today announced that that Timothy Morris, vice president and chief financial officer of VIVUS will be presenting at the RBC Capital Markets Healthcare Conference.

 

Mr. Morris will participate in a Panel entitled “The Pharmaceutical Sweet Spot: Diabetes & Obesity Treatments”. The panel will take place at the Westin New York at Times Square, New York on Thursday, December 13, 2007 at 10:00a.m. ET.  A live audio webcast of the presentation will be accessible for 30 days through the company’s website at http://www.vivus.com.

 

About VIVUS

 

VIVUS, Inc. is a pharmaceutical company dedicated to the development and commercialization of novel therapeutic products. The current portfolio includes investigational products addressing obesity and sexual health. The pipeline includes: Qnexa™, which is in phase 3 for the treatment of obesity; Testosterone MDTS®, for which a phase 2 study has been completed for the treatment of Hypoactive Sexual Desire Disorder (HSDD); and avanafil, for which a phase 2 study has been completed for the treatment of erectile dysfunction (ED). MUSE® is approved and currently on the market for the treatment of ED. For more information on clinical trials and products, please visit the company’s web site at http://www.vivus.com.

 

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