Trius Therapeutics, Inc. (TSRX)

[TRUISM]

ITEM 11. ADDITIONAL INFORMATION (Filed September 3,2013 by TRIUS in SEC Document)

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The Offer to Purchase and Item 11 of the Schedule TO, to the extent such Item incorporates by reference the information contained in the Offer to Purchase, are hereby amended and supplemented as follows:

The first paragraph under the heading entitled “Securityholder Litigation” of Section 15 of the Offer to Purchase is amended and restated in its entirety as follows:

“ On August 1, 2013, a lawsuit was filed in the Superior Court of California, County of San Diego against Trius, and each member of Trius’ board of directors, Cubist and us. The action was brought by Michael Bemis, who claims to be a stockholder of Trius, on his own behalf, and seeks certification as a class action on behalf of all of Trius’ stockholders. The complaint alleges that the defendants breached their fiduciary duties, and/or aided and abetted the breach of fiduciary duties, owed to Trius’ stockholders in connection with the Offer and the Merger. The complaint seeks injunctive relief enjoining the Offer and the Merger, or, in the event the Offer or the Merger has been consummated prior to the court’s entry of final judgment, rescinding the Offer and the Merger. The complaint also seeks an accounting for all damages and an award of costs, including a reasonable allowance for attorneys’ and experts’ fees and expenses. On August 28, 2013, plaintiff Bemis filed an amended complaint, which includes additional allegations about a purportedly flawed sales process and supposed conflicts of interest, and new allegations that the Solicitation/Recommendation Statement on Schedule 14D-9 omits certain material information.”


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