August 1, 2013 (Shareholders Foundation) - An investigation on behalf of investors in Trius Therapeutics, Inc. (NASDAQ:TSRX) shares was announced concerning whether the offer by Cubist Pharmaceuticals to merge with Trius Therapeutics, Inc. for $13.50 per NASDAQ:TSRX share and the takeover process are unfair to investors in Trius Therapeutics shares.

The investigation by a law firm concerns whether certain officers and directors of Trius Therapeutics, Inc. breached their fiduciary duties owed to NASDAQ:TSRX investors in connection with the proposed acquisition.

On July 30, 2013, Cubist Pharmaceuticals, Inc. (NASDAQ: CBST) and Trius Therapeutics, Inc. (NASDAQ: TSRX) announced that they have signed a agreement under which Cubist Pharmaceuticals will acquire all outstanding shares of Trius Therapeutics for $13.50 per share in cash or approximately $707 million on a fully diluted basis.
In addition to the upfront cash payment, each Trius Therapeutics stockholder will receive one Contingent Value Right (CVR), entitling the holder to receive an additional cash payment of up to $2.00 for each share they own if certain commercial sales milestones are achieved.
However, givent hat at least one analyst has set the high target price for NASDAQ:TSRX shares at $20.00 per share, the investigation by a law firm concerns whether the offer is too low for NASDAQ:TSRX stockholders. More specifically, the investigation focuses on whether the Trius Therapeutics Board of Directors undertook an adequate sales process, adequately shopped the company before entering into the transaction, maximized shareholder value by negotiating the best price, and acted in the shareholders' best interests in connection with the proposed sale.

Trius Therapeutics, Inc. reported that its annual Total Revenue rose from $5.02 million in 2009 to $27.189 million in 2012.

Shares of Trius Therapeutics, Inc. (NASDAQ:TSRX) grew from $3.184 per share in November 2010 to $12.40 on July 23, 2013.

On August 1, 2013, NASDAQ:TSRX shares closed at $13.82 per share.