MiddleBrook Pharmaceuticals Announces $20 Maximum Copay Program for MOXATAG®

MiddleBrook Pharmaceuticals, Inc. (Nasdaq: MBRK), announced today that it has implemented a $20 maximum copay program for MOXATAG (amoxicillin extended-release) Tablets, 775 mg. The program is designed to keep a patient�s net out-of-pocket copay expense for a MOXATAG prescription at $20 or less. Today, MiddleBrook�s 300 field force representatives and district managers will begin supplying physicians with MOXATAG $20 maximum copay voucher cards to distribute to patients with MOXATAG prescriptions. Patients can redeem the voucher at the point-of-sale in conjunction with having a MOXATAG prescription filled.

�In this tough economy, we recognized the need to improve MOXATAG�s affordability to the patient. This $20 maximum copay program will replace our current $15 point-of-sale copay check program, which has been in place since MOXATAG�s launch,� said John Thievon, president and chief executive officer of MiddleBrook. �We believe MOXATAG is an excellent first-line therapy for strep throat, and with this $20 maximum copay program for MOXATAG, we can minimize much of the pricing pressure at the patient level. We are delighted to implement this valuable program across the country effective today.�

About MiddleBrook Pharmaceuticals:

MiddleBrook Pharmaceuticals, Inc. (Nasdaq: MBRK) is a pharmaceutical company focused on developing and commercializing anti-infective products that fulfill unmet medical needs. MiddleBrook has developed a proprietary delivery technology called PULSYS�, which enables the pulsatile delivery, or delivery in rapid bursts, of certain drugs. The Company is currently developing a portfolio of anti-infective PULSYS products. MiddleBrook�s near-term corporate strategy is to improve dosing regimens and/or reduce frequency of dosing which it believes will result in improved patient dosing convenience and compliance for antibiotics that have been used and trusted by physicians and patients for decades. MiddleBrook currently markets KEFLEX�, the immediate-release brand of cephalexin, and MOXATAG � the first and only FDA-approved once-daily amoxicillin. For more information about MiddleBrook, please visit www.middlebrookpharma.com.

About MOXATAG:

MOXATAG (amoxicillin extended-release) Tablets, 775mg, is a once-a-day extended-release formulation of amoxicillin for oral administration consisting of three components: one immediate-release component and two delayed-release components. The three components of MOXATAG are combined in a specific ratio to prolong the release of amoxicillin compared to immediate-release amoxicillin. MOXATAG is intended to provide a lower treatment dose, once-daily alternative to currently approved penicillin and amoxicillin regimens for the treatment of adults and pediatric patients 12 years and older with tonsillitis and/or pharyngitis. For more information about MOXATAG, please visit www.moxatag.com.

FORWARD-LOOKING STATEMENTS:

Some of the statements contained in this press release contain forward-looking statements, within the meaning of the Securities Exchange Act of 1934 and the Securities Act of 1933, that reflect our current plans, beliefs, estimates and views with respect to, among other things, future events and financial performance. In some cases, forward-looking statements are identified by words such as �believe,� �anticipate,� �expect,� �intend,� �plan,� �potential,� �estimate,� �will,� �may,� �predict,� �should,� �could,� �would� and similar expressions. You should not place undue reliance on these forward-looking statements, which speak only as of the date of this press release. You should not regard the inclusion of this forward-looking information as a representation by us or any other person that we will achieve the future plans, estimates or expectations contained in this press release. You should specifically consider the factors identified in this press release that could cause actual results to differ. In addition, there are or will be important factors that could cause our actual results to differ materially from those in the forward-looking statements. We believe these factors include, but are not limited to, those identified in the sections titled �Management�s Discussion and Analysis of Financial Condition and Results of Operations� and �Risk Factors� in our Annual Report on Form 10-K filed with the Securities and Exchange Commission (the �SEC�) and in similar disclosures made by us from time to time in our other filings with the SEC. We operate in a continually changing business environment, and new risks and uncertainties emerge from time to time. Management cannot predict these new risks or uncertainties, nor can it assess the impact, if any, that any such risks or uncertainties may have on our business or the extent to which any factor, or combination of factors, may cause actual results to differ from those projected in any forward-looking statement. Accordingly, the risks and uncertainties to which we are subject can be expected to change over time, and we undertake no obligation to update publicly or review the risks or uncertainties described in this press release. We also undertake no obligation to update publicly or review any of the forward-looking statements made in this press release, whether as a result of new information, future developments or otherwise. If one or more of the risks or uncertainties referred to in this press release materialize, or if our underlying assumptions prove to be incorrect, actual results may vary materially from what we have projected. We qualify all of our forward-looking statements by these cautionary statements. KEFLEX, KEFLEX 250 MG, KEFLEX 500MG, KEFLEX 750 MG, MiddleBrook, MiddleBrook Pharmaceuticals (stylized), MiddleBrook Pharmaceuticals, Inc., M1 (stylized), MOX-10, MOXAKIT, MOXATAG1 (stylized), MOXATAG, MOXATEN, MOXPAK, MOX-PAK and PULSYS are our trademarks and have been registered in the U.S. Patent and Trademark Office or are the subject of pending U.S. trademarks applications. Each of the other trademarks, tradenames, or service marks appearing in this document belongs to the respective holder, as used herein, except as otherwise indicated by the context. References to �we,� �us,� �our,� �MiddleBrook,� or the �Company,� refer to MiddleBrook Pharmaceuticals, Inc., and its subsidiaries.

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