VIVUS Reports First Quarter 2009 Financial Results and Highlights

May 11, 2009

MOUNTAIN VIEW, Calif., May 11, 2009 /PRNewswire-FirstCall via COMTEX News Network/ -- VIVUS, Inc. (Nasdaq: VVUS), a biopharmaceutical company dedicated to the development and commercialization of novel therapeutic products, today reported its highlights and financial results for the first quarter ended March 31, 2009.

First Quarter 2009 Highlights:

    --  Issuance of Key European Patent for Qnexa - In January 2009, we
        announced that the European Patent Office had granted a patent for
        Qnexa. The European patent, No. 1,187,603, broadly covers Qnexa and its
        use as a weight loss treatment and extends the intellectual property
        protection of Qnexa beyond the already issued patents in the United
        States and abroad.

    --  Qnexa Treatment Resulted in Improved Glucose Control in Obese
        Non-Diabetic Subjects - In January 2009, we announced additional results
        from the EQUATE study (OB-301) which found that EQUATE study subjects
        treated with Qnexa had a significant reduction in HbA1c compared to the
        increase in HbA1c observed in the placebo treated subjects. The EQUATE
        study was designed as a weight loss trial; however, additional analysis
        of the results showed that Qnexa treatment can have a positive impact on
        the blood sugar levels of non-diabetics.

    --  Senior Management Promotions - In January 2009, we announced that Peter
        Tam had been promoted to chief operating officer (COO). In his capacity
        as COO, Mr. Tam will continue to have overall responsibility for
        business development, clinical and preclinical development, regulatory
        affairs and chemistry, manufacturing and controls. In addition, Charles
        Bowden, M.D., was promoted to senior director, clinical development. Dr.
        Bowden has assumed responsibility for the avanafil phase 3 clinical
        studies and continues to lead our efforts in experimental medicine.

    --  Initiated Second Pivotal Phase 3 Trial of Avanafil for Treatment of
        Erectile Dysfunction - In February 2009, we announced that we had
        initiated the REVIVE-Diabetes (TA-302) study to evaluate avanafil for
        the treatment of erectile dysfunction in men with diabetes, one of the
        most common causes of erectile dysfunction.

"Our pivotal phase 3 trials for both Qnexa for the treatment of obesity and avanafil for the treatment of erectile dysfunction are proceeding as planned and we look forward to announcing results from each of those programs later this year," stated Leland Wilson, president and chief executive officer of VIVUS. "With recent management promotions and the continued progress on our clinical development programs, we believe we are well positioned to achieve our goals in 2009."

First Quarter Results

Total revenue for the first quarter of 2009 was $22.2 million, as compared to $22.7 million for the first quarter of 2008. Product revenues from the sale of MUSE in the first quarter of 2009 were $1.2 million as compared to $1.6 million in the first quarter of 2008.

License and other revenue of $21 million in each of the first quarters of 2009 and 2008 primarily relates to the sale in 2007 of Evamist to K-V Pharmaceutical ("K-V") and will continue to be significant until May 2009. Since we have received the $150 million in cash from the sale of Evamist and we have no related contingencies, the recognition of license revenue and the corresponding reduction of deferred revenue related to the Evamist sale will have no impact on our cash flows from operations in future periods.

Net loss for the first quarter of 2009 was $6.8 million, or $0.10 net loss per share, as compared to a net loss of $7.1 million, or $0.12 net loss per share, during the first quarter of 2008. The lower net loss in the first quarter of 2009 is primarily due to lower research and development expenses as a result of decreased spending related to our phase 3 clinical trials of Qnexa, our investigational product candidate for the treatment of obesity, in the first quarter of 2009, as compared to the first quarter of 2008.

Cash, Cash Equivalents and Available for Sale Securities

VIVUS had cash, cash equivalents and available-for-sale securities of $165.8 million at March 31, 2009, as compared to $189.2 million at December 31, 2008. The decrease in cash, cash equivalents and available-for-sale securities of $23.4 million is the net result of cash used for operating and investing activities partially offset by cash provided by financing activities for the first three months of 2009. Included in these amounts is $3.3 million in cash receipts from the Deerfield financing received in the first quarter of 2009.


VIVUS is a biopharmaceutical company developing innovative, next-generation therapies to address obesity, diabetes and sexual health. The company's lead product in clinical development, Qnexa(TM), is expected to complete phase 3 clinical trials for the treatment of obesity in 2009. Qnexa is also in phase 2 clinical development for the treatment of type 2 diabetes. In the area of sexual health, VIVUS is in phase 3 development with avanafil, a potentially best-in-class PDE5 inhibitor, and in phase 3 development of Luramist(TM) for the treatment of hypoactive sexual desire disorder (HSDD). For more information about the company, please visit

Note to Investors

As previously announced, VIVUS will hold a conference call to discuss the first quarter financial results today, May 11, 2009, beginning at 2:00 p.m. Pacific Time. You can listen to this call by dialing 1-877-545-1402 and outside the U.S. 1-719-325-4910. A 30-day archive of the call can be accessed at

Certain statements in this press release are forward-looking within the meaning of the Private Securities Litigation Reform Act of 1995. These statements may be identified by the use of forward-looking words such as "anticipate," "believe," "forecast," "estimated" and "intend," among others. These forward-looking statements are based on VIVUS' current expectations and actual results could differ materially. There are a number of factors that could cause actual events to differ materially from those indicated by such forward-looking statements. These factors include, but are not limited to, substantial competition; uncertainties of patent protection and litigation; uncertainties of government or third party payer reimbursement; reliance on sole source suppliers; limited sales and marketing efforts and dependence upon third parties; risks related to the development of innovative products; and risks related to failure to obtain FDA clearances or approvals and noncompliance with FDA regulations. As with any pharmaceutical under development, there are significant risks in the development, regulatory approval and commercialization of new products. There are no guarantees that future clinical studies discussed in this press release will be completed or successful or that any product will receive regulatory approval for any indication or prove to be commercially successful. VIVUS does not undertake an obligation to update or revise any forward-looking statement. Investors should read the risk factors set forth in VIVUS' Form 10-K for the year ended December 31, 2008 and periodic reports filed with the Securities and Exchange Commission.


    VIVUS, Inc.
    Timothy E. Morris
    Chief Financial Officer

    Investor Relations: The Trout Group
                        Brian Korb

    Media Relations:    Pure Communications, Inc.
                        Sheryl Seapy

                                     VIVUS, Inc.
                      (in thousands, except per share amounts)

                                                  Three Months Ended
                                             March 31,           March 31,
                                                 2009                2008
                                           (unaudited)         (unaudited)
       US product, net                           $893              $1,088
       International product                      293                 554
       License and other revenue               21,046              21,046

          Total revenue                        22,232              22,688

     Operating expenses:
       Cost of goods sold and manufacturing     2,603               2,787
       Research and development                20,069              23,371
       Selling, general and administrative      5,411               4,252

          Total operating expenses             28,083              30,410

     Loss from operations                      (5,851)             (7,722)

       Interest (expense) income, net of
        other-than-temporary loss on
        impaired securities                      (952)                635

     Loss before provision for income taxes    (6,803)             (7,087)

     Provision for income taxes                    (6)                 (5)

         Net loss                             $(6,809)            $(7,092)

     Net loss per share:
         Basic and diluted                     $(0.10)             $(0.12)

       Shares used in per share computation:
         Basic and diluted                     69,687              58,882

                                   VIVUS, Inc.
                   (in thousands, except par value amount)

                                                 March 31   December 31
                                                   2009         2008*

    Current assets:
       Cash and cash equivalents                  $42,723       $66,121
       Available-for-sale securities              122,482       121,789
       Accounts receivable, net                       912         4,157
       Inventories, net                             3,324         3,041
       Prepaid expenses and other assets            4,227         3,744
         Total current assets                     173,668       198,852
    Property and equipment, net                     6,480         6,726
    Restricted cash                                   700           700
    Available-for-sale securities                     631         1,344
         Total assets                            $181,479      $207,622

    Current liabilities:
       Accounts payable                           $14,395       $17,205
       Deferred revenue                            10,928        31,858
       Accrued and other liabilities               15,600        14,909
         Total current liabilities                 40,923        63,972

    Notes payable-net of current portion           13,514        11,177
    Deferred revenue                                1,145         1,260
         Total liabilities                         55,582        76,409

    Commitments and contingencies

    Stockholders' equity:
       Common stock; $.001 par value; shares
       authorized 200,000;  shares outstanding -
       69,722 at March 31, 2009;
       69,667 at December 31, 2008                     70            70
       Additional paid-in capital                 312,077       310,558
       Accumulated other comprehensive income         328           354
       Accumulated deficit                       (186,578)     (179,769)
         Total stockholders' equity               125,897       131,213
         Total liabilities and stockholders'
          equity                                 $181,479      $207,622

    *The Condensed Consolidated Balance Sheet at December 31, 2008 has been
    derived from the Company's audited financial statements at that date.


Copyright (C) 2009 PR Newswire. All rights reserved