Item 8.01. Other Events

Santarus, Inc. ("Santarus") was notified by Depomed, Inc. ("Depomed") that on August 3, 2012 Depomed and Valeant International Bermuda (formerly Valeant International (Barbados) SRL) ("Valeant") received a "Markman" claim construction ruling by Judge Joel A. Pisano of the United States District Court for the District of New Jersey in Depomed's and Valeant's ongoing patent infringement case against Sun Pharma Global FZE, Sun Pharmaceutical Industries Ltd., and Sun Pharmaceutical Industries Inc. (collectively, "Sun").

In a Markman ruling, the court determines the meaning of disputed patent terms at issue in patent litigation. Judge Pisano's ruling construed 25 terms in the patents asserted by Depomed and Valeant in the litigation. After comprehensive briefing and oral argument, Judge Pisano issued an order principally adopting Depomed's and Valeant's proposed or stipulated patent term constructions.

In June 2011, Depomed and Valeant sued Sun for infringement of U.S. Patent Nos. 6,723,340, 6,340,475, 6,635,280, 6,488,962, 7,736,667, 7,780,987, all of which except for U.S. Patent No. 7,736,667 are listed in the Orange Book for GlumetzaŽ (metformin hydrochloride extended release tablets). The lawsuit was filed in response to an abbreviated new drug application and paragraph IV certification Sun filed with the U.S. Food and Drug Administration seeking approval to market generic versions of Glumetza 500 mg and 1000 mg tablets. A trial date for the litigation has not yet been set.

Although the parties intend to vigorously defend and enforce their patent rights, Santarus is not able to predict the timing or outcome of this action. Any adverse outcome in the litigation described above would adversely impact Santarus and its revenues.

---