Knobbe Martens Helps Trius Therapeutics’ MRSA Treatment Obtain Accelerated Patent Approval

  Knobbe Martens Helps Trius Therapeutics’ MRSA Treatment Obtain Accelerated
  Patent Approval

Business Wire

IRVINE, Calif. -- June 11, 2013

Today, Knobbe Martens Olson & Bear LLP, one of the largest intellectual
property law firms in the United States, secured patent issuance from the U.S.
Patent and Trademark Office on behalf of Trius Therapeutics for an antibiotic
combination that may be capable of treating methicillin-resistant
Staphylococcus aureus (MRSA), one of the most dangerous forms of staph. San
Diego-based Trius Therapeutics received the patent for the therapeutic
combination of a currently available antibiotic, Cubicin® (daptomycin), with
its antibiotic, tedizolid phosphate. Studies indicate that the combination may
prevent the development of certain strains of staph bacteria that commonly
occur in people who have been in hospitals or other health care settings, such
as nursing homes and dialysis centers.

Carolyn Favorito, Trius’ in-house patent counsel, said the speed with which
the attorneys at Knobbe Martens were able to garner the patent was impressive.
With the standard patent process often taking two to three years, Trius’
filing was granted in less than 10 months.

Joe Mallon, Knobbe Martens’ lead patent counsel for Trius, says the
accelerated approval process was a result of utilizing a relatively new “Track
One” program offered by the patent office. The innovative new program is
designed for patents to move rapidly through the patent process, typically
taking less than 12 months. Track One, which was initiated less than two years
ago as part of the America Invents Act, provides patent applicants greater
control over the timing of examination of their applications and thus, can
potentially contribute to an invention reaching the market more quickly.

Mallon, who devotes much of his practice to strategic patent procurement for
the medical device and pharmaceutical industries, says careful analysis needs
to be done before determining if Track One is right for a particular patent
application. He has handled a number of the Track One filings, and notes that
the accelerated examination can be especially advantageous for pharmaceutical
and medical device companies because it allows for faster patent certainty as
well as defense against potential infringement.

“Using Track One for this patent was important to Trius on a variety of
levels,” said Mallon. “Providing a new and effective drug to patients as
quickly as possible was certainly at the top of the list.”

About Knobbe Martens:

With over 275 lawyers and scientists nationwide, Knobbe Martens Olson & Bear
LLP dedicates its practice to all aspects of intellectual property law
including litigation. Consistently ranked among the top intellectual property
firms worldwide, Knobbe Martens serves a diverse group of clients from
multinational corporations to emerging businesses of all stages. Headquartered
in Orange County, California, Knobbe Martens also has offices in San Diego,
Los Angeles, Riverside, San Francisco, Silicon Valley, Seattle and Washington,
D.C. More information about the firm can be found at

About Trius Therapeutics:

Trius Therapeutics, Inc. is a biopharmaceutical company focused on the
discovery, development and commercialization of innovative antibiotics for
serious infections. The Company’s lead investigational drug, tedizolid
phosphate, is a novel antibiotic in Phase 3 clinical development for the
treatment of serious gram-positive infections, including those caused by
methicillin-resistantStaphylococcus aureus(MRSA). Trius has partnered with
Bayer HealthCare for the development and commercialization of tedizolid
phosphate outside of the U.S., Canada and the European Union. In addition to
the Company’s tedizolid phosphate clinical program, Trius has initiated
Investigational New Drug (IND) enabling studies for its Gyrase-B development
candidate with potent activity against Gram-negative bacterial pathogens
including multi-drug resistant strains ofE. coli,
Klebsiella,AcinetobacterandPseudomonas. For more information,


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Jenna Stenderup, 619-293-3175
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