| FORM 4 | UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP
Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(h) of the Investment Company Act of 1940 | | OMB APPROVAL | | OMB Number: | 3235-0287 | | Expires: | February 28, 2011 | | Estimated average burden | | hours per response | 0.5 |
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| Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue.
See Instruction 1(b). |
1. Name and Address of Reporting Person*
| 10110 SORRENTO VALLEY ROAD, SUITE C | |
(Street)
| 2. Issuer Name and Ticker or Trading Symbol
OPTIMER PHARMACEUTICALS INC
[OPTR] | 5. Relationship of Reporting Person(s) to Issuer
(Check all applicable)| X | Director | | 10% Owner | | Officer (give title below) | | Other (specify below) | |
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3. Date of Earliest Transaction (Month/Day/Year)
02/19/2009 |
4. If Amendment, Date of Original Filed (Month/Day/Year)
| 6. Individual or Joint/Group Filing (Check Applicable Line)| X | Form filed by One Reporting Person | | Form filed by More than One Reporting Person |
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| Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned |
1.Title of Security
(Instr. 3) | 2. Transaction Date (Month/Day/Year) | 2A. Deemed Execution Date, if any (Month/Day/Year) | 3. Transaction Code
(Instr. 8) | 4. Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4 and 5) | 5. Amount of Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 3 and 4) | 6. Ownership Form: Direct (D) or Indirect (I)
(Instr. 4) | 7. Nature of Indirect Beneficial Ownership
(Instr. 4) |
| Code | V | Amount | (A) or (D) | Price |
Table II - Derivative Securities Acquired, Disposed of, or Beneficially Owned
(e.g., puts, calls, warrants, options, convertible securities) |
1. Title of Derivative Security
(Instr. 3) | 2. Conversion or Exercise Price of Derivative Security | 3. Transaction Date (Month/Day/Year) | 3A. Deemed Execution Date, if any (Month/Day/Year) | 4. Transaction Code
(Instr. 8) | 5. Number of Derivative Securities Acquired (A) or Disposed of (D)
(Instr. 3, 4, and 5) | 6. Date Exercisable and Expiration Date
(Month/Day/Year) | 7. Title and Amount of Underlying Securities
(Instr. 3 and 4) | 8. Price of Derivative Security
(Instr. 5) | 9. Number of Derivative Securities Beneficially Owned Following Reported Transaction(s)
(Instr. 4) | 10. Ownership Form of Derivative Security: Direct (D) or Indirect (I)
(Instr. 4) | 11. Nature of Indirect Beneficial Ownership
(Instr. 4) |
| Code | V | (A) | (D) | Date Exercisable | Expiration Date | Title | Amount or Number of Shares |
|
Stock Option (right to buy)
| $
10.85
| 02/19/2009 | | A | |
120,000
| | | 02/19/2009 |
Common Stock
|
120,000
|
$
0
|
120,000
|
D
| |
| Explanation of Responses: |
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| John D. Prunty, attorney-in-fact | 02/23/2009 |
| ** Signature of Reporting Person | Date |
| Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly. |
| * If the form is filed by more than one reporting person, see Instruction 4(b)(v). |
| ** Intentional misstatements or omissions of facts constitute Federal Criminal Violations
See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
|
| Note: File three copies of this Form, one of which must be manually signed. If space is insufficient,
see Instruction 6 for procedure. |
| Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB Number. |
OPTIMER PHARMACEUTICALS, INC.
POWER OF ATTORNEY
SECURITIES LAW COMPLIANCE
The undersigned, as a Section 16 reporting person of
Optimer Pharmaceuticals, Inc. (the Company), hereby
constitutes and appoints John D. Prunty and Tessie M. Che,
and each of them, the undersigned s true and lawful
attorney in fact to:
(1) execute for and on behalf of the undersigned, in the
undersigneds capacity as an officer and or director of
the Company, Form ID, Form 3, Form 4 and Form 5 (including
any amendments thereto) in accordance with Section 16(a)
of the Securities Exchange Act of 1934, as amended, and
the rules thereunder;
(2) do and perform any and all acts for and on behalf of
the undersigned which may be necessary or desirable to
complete the execution of any such Form ID, Form 3, Form 4
and Form 5 and the timely filing of any such form with the
United States Securities and Exchange Commission and any
other authority; and
(3) take any other action of any type whatsoever in
connection with the foregoing which, in the opinion of
such attorney in fact, may be of benefit to, to the best
interest of, or legally required by, the undersigned, it
being understood that the documents executed by such
attorney-in fact on behalf of the undersigned pursuant to
this Power of Attorney shall be in such form and shall
contain such terms and conditions as such attorney in fact
may approve in his or her discretion.
The undersigned hereby grants to each such attorney in
fact full power and authority to do and perform all and
every act and thing whatsoever requisite, necessary and
proper to be done in the exercise of any of the rights and
powers herein granted, as fully to all intents and
purposes as the undersigned might or could do if
personally present, with full power of substitution or
revocation, hereby ratifying and confirming all that such
attorney in fact, or his or her substitute or substitutes,
shall lawfully do or cause to be done by virtue of this
power of attorney and the rights and powers herein
granted.
The undersigned acknowledges that the foregoing attorneys-
in-fact, in serving in such capacity at the request of the
undersigned, are not assuming, nor is the Company
assuming, any of the undersigned's responsibilities to
comply with Section 16 of the Securities Exchange Act of
1934, as amended.
This Power of Attorney shall remain in full force and
effect until the undersigned is no longer required to file
Form ID, Form 3, Form 4 and Form 5 with respect to the
undersigneds holdings of and transactions in securities
issued by the Company, unless earlier revoked by the
undersigned in a signed writing delivered to the foregoing
attorneys in fact.
IN WITNESS WHEREOF, the undersigned has caused this Power
of Attorney to be executed as of this 19 day of February,
2009.
Signature: /s/Francois-Xavier Frapaise
Print Name: Francois-Xavier Frapaise
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POA form for Frapaise 1-29-09.docx