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VIVUS Reports Third Quarter 2009 Highlights and Financial Results
Date:11/3/2009

bursement; 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.
                   CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS
                       (in thousands, except per share amounts)

                          Three Months Ended            Nine Months Ended
                      --------------------------   --------------------------
                      September 30, September 30,  September 30, September 30,
                              2009          2008           2009          2008
                              ----          ----           ----          ----
                        (unaudited)   (unaudited)    (unaudited)   (unaudited)
    Revenue:
       US product, net      $3,864        $3,774         $8,125        $7,785
       International
        product                456           657          1,525         2,511
       License and other
        revenue                115        21,046         31,742        63,138
                               ---        ------         ------        ------

         Total revenue       4,435      
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SOURCE VIVUS, Inc.
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