definiens: within the meaning of the Private Securities Litigation Reform Act of 1995 . Because such statements are subject to risks anduncertainties, actual results may differ materially from those expressed or implied by such forward - looking statements . Suchstatements include, but are not limited to, statements regarding potential future payments to Trius under the agreement withBayer, the development of torezolid phosphate for additional indications, expected growth of antibiotics in certain marketsand anticipated benefits of Trius ’ strategic collaboration with [COMPANY] . Risks that contribute to the uncertain nature of theforward - looking statements include : Trius ’ ability to obtain additional financing ; the success and timing of Trius ’ preclinicalstudies and clinical trials ; regulatory developments in the United States and foreign countries ; the performance of third - partymanufacturers ; changes in Trius ’ plans to develop and commercialize its product candidates ; Trius ’ ability to obtain andmaintain intellectual property protection for its product candidates ; and the loss of key scientific or management personnel