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EMD Serono, Inc.

January 12, 2009

EMD Serono, Inc., an affiliate of Merck KGaA, Darmstadt Germany, and Emmaus Medical Inc. announced today that they have entered into a promotional rights agreement of EMD Serono's product Zorbtive (somatropin (rDNA origin) for injection) for the treatment of short bowel syndrome in patients receiving specialized nutritional support. EMD Serono has granted Emmaus Medical the exclusive rights to detail and promote Zorbtive in the United States, but has retained all other rights.