The controlled-release aspect of Qnexa is inconsequential from a medical standpoint, IMO. It was incorporated as a marketing gimmick to allow VVUS’ sales reps to respond to the kinds of questions that have been raised in this thread.
VVUS - on the IP issue: I have posted sometime ago at SI (perhaps Roy can find that exchange with Biotech Jim), that JNJ holds a method-of-use patent covering the use of topiramate (Topamax) in obesity and there are overlapping claims with Qnexa patent so I believe JNJ has a ground to sue.