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VIVUS Reports Third Quarter and First Nine Months 2010 Financial Results
Date:11/8/2010

e quarterly results; 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 our response to the FDA's complete response letter will be sufficient to satisfy the FDA's safety concerns, that the FDA will not require us to conduct additional clinical studies 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, 2009 and periodic reports filed with the Securities and Exchange Commission.CONTACT:VIVUS, Inc.Investor Relations:The Trout GroupTimothy E. MorrisBrian Korb Chief Financial Officer646-378-2923650-934-5200VIVUS, Inc. CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS (in thousands, except per share amounts)Three Months EndedNine Months EndedSeptember 30September 30September 30September 302010200920102009(unaudited)(unaudited)(unaudited)(unaudited)Revenue:License and other revenue$
-$
-$
-$
31,395Operating expenses:Research and development10,09117,14933,87857,398General and administrative6,7473,44718,66110,398Total operating expenses16,83820,59652,53967,796Loss from operations(16,838)(20,596)(52,539)(36,401)Interest (expense) income, net of other-than-temporary loss on impaired securities

(1,323)(617)(3,802)(1,629)Loss before provisionfor income taxes(18,161)(21,213)(56,341)(38
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SOURCE VIVUS, Inc.
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