MAXIM PHARMACEUTICALS RECEIVES APPROVAL FROM FDA OF A TREATMENT PROTOCOL FOR CEPLENE (TM) IN ADVANCED MALIGNANT MELANOM

MAXIM PHARMACEUTICALS RECEIVES APPROVAL FROM FDA OF A TREATMENT PROTOCOL FOR CEPLENE(TM) IN ADVANCED MALIGNANT MELANOMA Webcast scheduled for April 14, 2004, 10:30 AM Eastern time to discuss details SAN DIEGO, April 14, 2004 - Maxim Pharmaceuticals (Nasdaq: MAXM) (SSE: MAXM) today announced that its treatment protocol to provide its investigational drug Ceplene(TM), in combination with interleukin-2 (IL- 2), for the treatment of patients with advanced malignant melanoma, has been approved by the U.S. Food and Drug Administration (FDA). The treatment protocol allows Maxim to provide expanded access of Ceplene to patients in the United States while investigation of the drug continues in the Company's confirming Phase 3 clinical trial. Management of Maxim Pharmaceuticals will hold a live webcast to discuss the treatment protocol on April 14, 2004, at 10:30 AM Eastern time (7:30 AM Pacific time). A link to the webcast (view and listen only) will be available on the Company's website at www.maxim.com. Please access this link several minutes prior to the start of the webcast to ensure adequate time for any software downloads that may be necessary. Alternatively, for an audio-only broadcast, or to participate in the question and answer segment, please dial (800) 599-9795, passcode 77441871 at least five minutes in advance of the presentation start time to register for the call. International callers, please call (617) 786- 2905. The webcast will be archived on Maxim's website for 30 days. Based on earlier clinical findings indicating that the Ceplene/IL-2 investigational therapy may provide a survival benefit to patients with advanced malignant melanoma, the FDA agreed to allow Maxim to provide expanded access of Ceplene to critically ill patients who face limited treatment options. The FDA has also approved reimbursement for study medication, which allows Maxim to recover costs associated with providing qualified patients access to Ceplene therapy. Patients, their families and/or caregivers who wish further information regarding the treatment protocol should call Maxim Pharmaceuticals at 888-562-9465 or visit the Company's website at www.maxim.com. The FDA specifies four criteria for approval of a treatment protocol. These criteria require that the disease be serious and life threatening, that no satisfactory alternative treatments are available, that the drug is under investigation in a controlled clinical trial under an existing IND and that the sponsor is actively seeking marketing approval. "We appreciate the guidance provided by the FDA regarding a treatment protocol for the Ceplene/IL-2 combination in advanced metastatic melanoma," commented Larry G. Stambaugh, Maxim's Chief Executive Officer. "We are ready to provide these patients and their caregivers an additional therapeutic option that may enhance their survival with a quality of life. We look forward to implementing this program to provide critically ill patients with the potential clinical benefit that has been observed in our ongoing clinical trials." The treatment protocol will be available to all eligible patients in the United States and will initially be provided in approximately ten geographically diverse locations. The Company intends to expand the protocol to additional qualified treatment centers over subsequent months. Maxim estimates that the net cost of making the treatment protocol available to patients will be approximately $1.5 million in the current fiscal year. The actual financial impact of the treatment protocol to the Company will depend upon the number of patients enrolled and the rate of reimbursement. The National Organization of Rare Diseases (NORD) has agreed to collaborate with Maxim to facilitate treatment for indigent patients who wish to participate in this treatment protocol. On September 24, 2003, Maxim announced completion of enrollment for the confirmatory Phase 3 trial (M0104) of its lead drug candidate Ceplene (histamine dihydrochloride) in combination with IL-2 for the treatment of advanced malignant melanoma patients with liver metastases. The multi-national, controlled, and randomized Phase 3 trial includes 230 patients and is designed to compare patient survival of the combination treatment of Ceplene and IL-2 versus IL-2 alone. The Phase 3 trial is expected to conclude in late 2004. In November 2003, Maxim filed an application for market authorization in Europe for approval to market Ceplene for the treatment of advanced malignant melanoma. Advanced metastatic melanoma is the most deadly form of skin cancer and the fastest-growing cancer in the developed world, and there is no established or proven standard of care for the treatment of this life- threatening disease. Ceplene is an investigational drug and has not been approved by the FDA or any international regulatory agency. Ceplene, which has orphan drug status, has been tested in seven completed or ongoing clinical trials for malignant melanoma in more than 1,000 patients, including the current confirming Phase 3 trial designed to support U.S. FDA registration for marketing approval. Overview of Ceplene Natural Killer (NK) cells and cytotoxic T cells possess an ability to kill and support the killing of cancer cells and virally infected cells. Much of the current practice of immunotherapy is based on treatment with cytokines such as interleukin-2 (IL-2) or interferon, proteins that stimulate NK and T cells. However, research has shown that oxygen free radicals released by certain immune cells can suppress NK and T cells and damage normal tissue, a process commonly referred to as oxidative stress. Oxidative stress, implicated in numerous diseases, is most pronounced in the liver. Ceplene, based on the naturally occurring molecule histamine, has been shown to reduce oxidative stress. Accordingly, treatment with Ceplene may prevent the production and release of oxygen free radicals, thereby protecting NK cells and T cells and facilitating their activation by cytokines such as IL-2, interferon or other immunomodulators and protecting other critical cells and tissues. Research regarding histamine, the active agent underlying Ceplene, and related clinical results have been the subject of more than 80 presentations at major scientific and clinical meetings, and have been published in more than 300 scientific and clinical articles. A three-minute animation of Ceplene's mechanism of action can be viewed on the Company's website at www.maxim.com. In November 2003, Maxim filed an application for market authorization in Europe for approval to market Ceplene for the treatment of advanced malignant melanoma. Ceplene is currently being tested in Phase 3 cancer clinical trials for advanced malignant melanoma with liver metastasis and acute myeloid leukemia. Phase 2 trials of Ceplene are also underway for the treatment of hepatitis C and advanced renal cell carcinoma. Maxim is also developing an oral formulation of histamine for the potential treatment of chronic liver diseases. More than 2,000 patients from 20 countries have participated in 17 completed and ongoing clinical trials of Ceplene. Maxim Overview Maxim Pharmaceuticals is a global biopharmaceutical company with a diverse pipeline of therapeutic candidates for life-threatening cancers and liver diseases. Maxim's research and development programs are designed to offer hope to patients by developing safe and effective therapeutic candidates that have the potential to extend survival while maintaining quality of life. In addition to Ceplene, Maxim is developing small-molecule inhibitors and activators of programmed cell death, also known as apoptosis, which may serve as drug candidates for cancer, cardiovascular disease and other degenerative diseases. Ceplene and the apoptosis inducers are investigational drugs and have not been approved by the U.S. Food and Drug Administration (FDA) or any international regulatory agency. This news release contains certain forward-looking statements that involve risks and uncertainties. Such forward-looking statements include statements regarding the efficacy, safety and intended utilization of Ceplene, and the apoptosis inducers, and the conduct, results and timelines associated with the Company's clinical trials. Such statements are only predictions and the Company's actual results may differ materially from those anticipated in these forward-looking statements. Factors that may cause such differences include the risk that products that appeared promising in early research and clinical trials do not demonstrate safety or efficacy in larger-scale clinical trials, and the risk that the Company will not obtain approval to market its products. These factors and others are more fully discussed in the Company's periodic reports and other filings with the Securities and Exchange Commission. Note: The Maxim logo is a trademark of the Company. Editor's Note: This release is also available on the Internet at http://www.maxim.com. Contacts: Larry G. Stambaugh Aline Schimmel (Investors) Chief Executive Officer Burns McClellan Anthony E. Altig (212) 213-0006 Chief Financial Officer Sean Collins (Media) (858) 453-4040 Valerie Bent (Media) CCG Investor Relations (818) 789-0100 ------------------------------------------------------------ This information was brought to you by Waymaker http://www.waymaker.net The following files are available for download: http://www.waymaker.net/bitonline/2004/04/14/20040414BIT00060/wkr0001.doc http://www.waymaker.net/bitonline/2004/04/14/20040414BIT00060/wkr0002.pdf