- Current report filing (8-K)
May 11 2011 - 08:45AM
Edgar (US Regulatory)
SECURITIES AND EXCHANGE COMMISSION
Washington,
D.C. 20549
___________________________
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
May 11, 2011
Date
of Report (Date of earliest event reported)
Discovery Laboratories, Inc.
(Exact
name of registrant as specified in its charter)
Delaware
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000-26422
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94-3171943
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(State
or other jurisdiction
of
incorporation)
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(Commission
File Number)
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(IRS
Employer
Identification
Number)
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2600 Kelly Road, Suite 100
Warrington, Pennsylvania 18976
(Address
of principal executive offices)
(215) 488-9300
(Registrant's
telephone number, including area code)
(Former
name or former address, if changed since last report)
Check
the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant
under any of the following provisions:
o
Written communications pursuant
to Rule 425 under the Securities Act (17 CFR 230.425)
o
Soliciting material pursuant to
Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)
o
Pre-commencement communications
pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR
240.14d-2(b))
o
Pre-commencement communications
pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR
240.13e-4(c))
Item 2.02.
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Results of
Operations and Financial Condition.
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On
May 11, 2011, Discovery Laboratories, Inc. (the “Company”) issued a
press release highlighting the results of operations for the
quarter ended March 31, 2011, and providing an update on certain
business matters. The press release is attached as
Exhibit 99.1 hereto.
In
accordance with General Instruction B.2 of Form 8-K, the
information in Item 2.02 of this Current Report on Form 8-K and
Exhibit 99.1 hereto relating to the announcement of the results of
operations for the quarter ended March 31, 2011 and all other
matters except for those discussed under Item 8.01 below shall not
be deemed “filed” for purposes of Section 18 of the Securities
Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise
subject to the liabilities of that section, nor shall it be deemed
incorporated by reference in any filing under the Securities Act of
1933, as amended, or the Exchange Act, except as expressly set
forth by specific reference in any such filings.
On
May 11, 2011, the Company issued a press release highlighting the
results of operations for the quarter ended March 31, 2011, and
providing an update on its pipeline development as
follows:
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Surfaxin® (lucinactant) for the prevention of respiratory distress
syndrome (RDS) in premature infants: The Company is
conducting a comprehensive preclinical program to validate its
optimized biological activity test (BAT), a key remaining issue
that must be addressed to potentially gain U.S. Food and Drug
Administration (FDA) marketing approval for Surfaxin in the United
States. The Company has had several interactions with
the FDA intended to ensure that the comprehensive preclinical
program would ultimately satisfy the FDA. In January
2011, the Company announced that the FDA had provided guidance to
increase the sample size of a specific data set by testing
additional Surfaxin batches. To comply with the FDA’s
suggestion, the Company has successfully manufactured eight
Surfaxin batches and presently plans to manufacture two additional
Surfaxin batches for use in the comprehensive preclinical program.
The Company presently plans to complete all related analytical
testing and concordance studies, and be in a position to file a
Surfaxin Complete Response in the third quarter of
2011.
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•
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Surfaxin LSTM (lyophilized lucinactant) for neonatal RDS
: The Company continues to advance this program. Its
plans for 2011 include establishing a commercial-scale
manufacturing capability at a cGMP-compliant contract manufacturer
with expertise in lyophilized formulations and seeking regulatory
guidance from the FDA and the European Medicines Agency (EMA) for
the planned clinical development program.
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•
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Aerosolization Technology : Recently, at the 2011
Pediatric Academic Societies Annual Meeting (PAS), new data was
presented including: (i) a collaborative study indicating that
aerosolized KL4 surfactant significantly improved lung function and
survival when treating Acute Lung Injury in a well established
preclinical model of this severe respiratory condition, (ii) a
dose-ranging assessment of aerosolized KL4 surfactant in a widely
recognized preclinical model of RDS, demonstrating significant
improvement in lung function, lung structural integrity and
pulmonary inflammatory mediator profile following treatment with
aerosolized KL4 surfactant versus controls, and (iii) a study
highlighting the Company’s novel patient interface technology
intended to increase the efficiency of pulmonary aerosol drug
delivery to patients requiring positive pressure ventilatory
support.
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Regarding
the Company’s lead aerosolized KL4 surfactant program, Aerosurf®
(aerosolized lucinactant for neonatal RDS), data from the
preclinical dose ranging assessment study presented at PAS
mentioned above suggests that, out of several doses tested, KL4
surfactant delivered via the Company’s proprietary capillary
aerosol generator during a 20 to 30 minute dosing interval results
in the most favorable physiologic outcomes. This study
provides guidance for future clinical dosing strategies for this
program. The Company’s plans for 2011 include finalizing the
clinical and potential commercial design of the capillary aerosol
generator, finalizing the clinical and potential commercial design
for the novel patient interface, and seeking regulatory guidance in
the U.S. and Europe for the planned development
program.
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For
the quarter ending June 30, 2011, the Company projects cash outflow
of $5.8 million.
Subject
to the note relating to the press release in Item 2.02 to this
Current Report on Form 8-K, the press release is attached as
Exhibit 99.1 hereto.
Item 9.01.
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Financial
Statements and Exhibits .
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99.1
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Press
release dated May 11, 2011
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Cautionary Note Regarding Forward-looking Statements:
To
the extent that statements in this Current Report on Form 8-K are
not strictly historical, including statements as to business
strategy, outlook, objectives, future milestones, plans,
intentions, goals, future financial conditions, future
collaboration agreements, the success of the Company’s product
development or otherwise as to future events, such statements are
forward-looking, and are made pursuant to the safe harbor
provisions of the Private Securities Litigation Reform Act of 1995.
The forward-looking statements contained in this Current Report are
subject to certain risks and uncertainties that could cause actual
results to differ materially from the statements made. Such risks
and others are further described in the Company's filings with the
Securities and Exchange Commission including the most recent
reports on Forms 10-K, 10-Q and 8-K, and any amendments
thereto.
SIGNATURES
Pursuant
to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf
by the undersigned hereunto duly authorized.
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Discovery Laboratories, Inc.
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By:
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/s/ John
G. Cooper |
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Name: |
John
G. Cooper |
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Title: |
President,
Chief Financial Officer and Treasurer |
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Date: May
11, 2011