DISCOVERY LABORATORIES INC /DE/
8-K, 2000-02-08
BIOLOGICAL PRODUCTS, (NO DIAGNOSTIC SUBSTANCES)
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                       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


        Date of Report (Date of Earliest Event Reported) January 27, 2000

                          Discovery Laboratories, Inc.
- --------------------------------------------------------------------------------
             (Exact Name of Registrant as Specified in its Charter)


Delaware                           000-26422                          13-3711775
- --------------------------------------------------------------------------------
(State or Other                   (Commission                   (I.R.S. Employer
Jurisdiction of                   File Number)                    Identification
incorporation)                                                              No.)



           350 Main Street, Suite 307, Doylestown, Pennsylvania 18901
- --------------------------------------------------------------------------------
               (Address of Principal Executive Offices)   (Zip Code)



       (Registrant's Telephone Number, Including Area Code) (215) 240-4699



- --------------------------------------------------------------------------------
         (Former Name or Former Address, If Changed Since Last Report.)





914917.1
                                        1

<PAGE>




ITEM 5.    Other Events.

           Attached is a press release issued by Discovery Laboratories, Inc.
(the "Company") on January 27, 2000 with respect to a pivotal Phase III Trial on
Surfaxin(R) for Meconium Aspiration Syndrome and discontinuance of a Phase
II/III clinical trial on Surfaxin(R) for acute respiratory distress syndrome and
a press release issued on January 12, 2000 with respect to grant of a patent.

ITEM 7.    Financial Statements, Pro Forma Financial Information and Exhibits.

(c)  Exhibits.

Exhibit    Description
1.1        Press release issued by the Company on January 27, 2000

1.2        Press release issued by the Company on January 12, 2000

914917.1
                                        2

<PAGE>



                                   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.


                                      DISCOVERY LABORATORIES, INC.


                                      By:  /s/ Robert Capetola
                                          --------------------------------------
                                           Name:   Robert Capetola
                                           Title:  President and Chief Executive
                                                   Officer



Date: February 7, 2000


914917.1
                                        3

<PAGE>


                                 EXHIBIT INDEX



Exhibit 1.1             Press release issued by the Company on January 27, 2000

Exhibit 1.2             Press release issued by the Company on January 12, 2000


914917.1




FOR IMMEDIATE RELEASE:
                         Contact:   Christopher J. Schaber
                                    Executive Vice President,
                                    Drug Development and Regulatory Compliance
                                    Discovery Laboratories, Inc.
                                    215.340.4699, Ext. 130

                                    Dian Griesel, Ph.D., CEO/
                                    Shayne Payne
                                    The Investor Relations Group
                                    212.736.2650

           DISCOVERY LABORATORIES, INC. TO BEGIN PIVOTAL PHASE 3 STUDY
                 OF SURFAXIN(R) IN MECONIUM ASPIRATION SYNDROME


Doylestown,  PA,  January 27, 2000 - Discovery  Laboratories,  Inc.  (Discovery)
(Nasdaq small cap:  DSCO,  DSCOU)  announces the initiation of a pivotal Phase 3
trial to evaluate  the efficacy of the  company's  novel  pulmonary  surfactant,
Surfaxin(R)  (lucinactant),  in the treatment of full-term infants with Meconium
Aspiration  Syndrome  (MAS).  The trial will  enroll  approximately  200 newborn
infants at more than thirty  medical  centers  throughout  the United  States in
order to compare Surfaxin(R)-lavage (lung wash) with standard care.

Approximately  13% of babies pass a bowel  movement  (known as  meconium)  while
still inside their mothers'  uterus.  Some fetuses and newborns will inhale this
substance  into their  lungs and  subsequently  develop  MAS.  This  disorder is
characterized  by the presence of  meconium,  inflammatory  cells,  inflammatory
mediators,  edema fluid, protein, and other noxious debris in the lungs. Inhaled
meconium can inactivate the infants' own natural  surfactant (the substance that
keeps lung air sacs open) and make  breathing  difficult.  Many of the  affected
babies  develop  severe  respiratory   distress,   necessitating  the  need  for
mechanical  ventilation.  There  are no  approved  therapies  for this  disorder
worldwide.

Previously,  Surfaxin(R)  was shown to be safe and well  tolerated  in a similar
open label  Phase 2 trial that used the novel  surfactant  to cleanse  the lungs
(using bronchoalveolar lavage or lung wash) of MAS patients requiring mechanical
ventilation. In order to assess the safety and potential efficacy of Surfaxin(R)
therapy, fifteen of twenty-two patients randomized to receive Surfaxin(R)-lavage
were   compared   to   seven   patients   randomized   to   standard   of  care.
Surfaxin(R)-lavaged  newborns had more rapid and more persistent improvements in
oxygenation  compared to standard of care  patients.  Lavaged  infants  were, on
average,  weaned from mechanical ventilation 3 days sooner than controls.  These
promising preliminary results prompted the initiation of the new Phase 3 trial.

Surfaxin(R), which contains sinapultide (a peptide mimic of the human surfactant
protein  B),  was  granted  fast  track  designation  by the U.S.  Food and Drug
Administration  (FDA) on October 8, 1998 for the  treatment  of MAS.  Fast track
status  facilitates  the  development  and  expedites  the  review  of new drugs
intended for the treatment of life-threatening conditions for which there are

                                      more

<PAGE>

no current  medical  options.  The FDA has also  granted  Discovery  orphan drug
designation  for this indication and has awarded the Surfaxin(R) MAS development
program a three-year orphan drug grant totaling approximately $560,000.

In addition,  Discovery has elected to halt its current ARDS clinical trial as a
result of a breakthrough in the  manufacturing  process of Surfaxin(R).  "We can
now  manufacture  a less viscous  formulation  of  Surfaxin(R)",  said Robert J.
Capetola, Ph.D., President and CEO of Discovery. "This new process will allow us
to deliver a higher  concentration  of Surfaxin(R)  through our patented  lavage
process.  To that  end we are  planning  to  initiate  a new  clinical  trial in
ARDS/ALI with this less viscous  product  subject to appropriate  funding.  This
should greatly  benefit  patients and further improve the chances of success for
Surfaxin(R) in the ARDS clinical trials."

Discovery  is a  bio-pharmaceutical  company  whose  mission is to  develop  and
commercialize   medically  novel  therapeutics  for  critical  care.  Presently,
Discovery  is  developing  proprietary   pharmaceuticals  to  treat  respiratory
distress syndrome (RDS) in premature infants,  MAS in full-term infants,  direct
acute  respiratory   distress  syndrome  (ARDS),   and  cystic  fibrosis.   More
information  about  Discovery  is  available  on  the  company's  web  site  at:
www.discoverylabs.com.

To the extent that statements in this press release are not strictly historical,
including  statements as to future financial  conditions,  events conditioned on
stockholder or other approval, or otherwise as to future events, such statements
are forward-looking,  and are made pursuant to the safe harbor provisions of the
Securities  Litigation  Reform  Act  of  1995.  The  forward-looking  statements
contained in this release are subject to certain  risks and  uncertainties  that
could cause actual results to differ  materially from the statements made. Among
the factors  which could  affect the  company's  actual  results and could cause
results  to  differ  from  those  contained  in the  forward-looking  statements
contained  herein  are the risk that  financial  conditions  may  change,  risks
relating to the  progress of the  company's  research  and  development  and the
development of competing therapies and/or technologies by other companies. Those
associated risks and others are further  described in the company's filings with
the Securities and Exchange Commission.

                                      * * *




FOR IMMEDIATE RELEASE:
- ----------------------
                         Contact:  Christopher J. Schaber
                                   Executive Vice President,
                                   Drug Development and Regulatory Compliance
                                   Discovery Laboratories, Inc.
                                   215.340.4699, Ext. 130

                                   Dian Griesel, Ph.D., CEO/
                                   Shayne Payne
                                   The Investor Relations Group
                                   212.736.2650

                         DISCOVERY LABORATORIES RECEIVES
                     BROAD PATENT COVERING SURFACTANT LAVAGE

  Patent covers all known surfactants for use in any form of pulmonary lavage.


Doylestown,  PA, January 12, 2000 - Discovery  Laboratories,  Inc. (NASDAQ Small
Cap:  DSCO,  DSCOU) today  announced  the issuance of United  States  Patent No.
6013619 entitled "Novel Pulmonary  Surfactants and Therapeutics Uses,  Including
Pulmonary  Lavage." The issued claims enable Discovery to broaden its protection
of its prime development product, Surfaxin(R). This patent also covers all other
known  surfactants  for use in any form of pulmonary  lavage.  This includes all
synthetic,  animal- or human-derived  surfactants designed to treat a variety of
respiratory distress syndromes, including respiratory distress syndrome (RDS) in
premature infants,  acute lung injury (ALI)/acute  respiratory distress syndrome
(ARDS),  meconium  aspiration  syndrome  (MAS),  neonatal  respiratory  distress
associated  with  acute  hypoxemia,   persistent  pulmonary   hypertension,   or
congenital  diaphramatic  hernia,  as  well as a  variety  of  other  conditions
associated  with  pulmonary  injury.  Pulmonary  lavage  techniques  (using  any
surfactant)  include lavage via a bronchoscope as well as direct  pulmonary lung
lavage via an endotracheal tube.

"This completes the four sided intellectual property position of Surfaxin(R). In
addition to our composition of matter,  utility,  and process  technology patent
portfolio on Surfaxin(R), this issuance positions us as the future global leader
in  surfactant  therapy since the allowed  claims cover all known  surfactants,"
said Dr. Robert Capetola, CEO of Discovery Laboratories,  Inc. "We now have what
we consider to be a very complete  proprietary  position on our lead respiratory
product."

Discovery  pioneered the  surfactant  lavage  technique,  which is also known as
"lung wash".  Many respiratory  diseases such as MAS and ALI/ARDS are associated
with massive pulmonary  inflammation,  which includes white blood cells,  edema,
protein and debris.  "The lungs are infiltrated  with  inflammatory  material in
these conditions and need to be drained just as an abscess would have to be. One
way to safely drain them is with a surfactant  lavage",  added Capetola.  Due to
inflammation  associated  with  respiratory  distress  syndromes such as MAS and

                                      -more-

<PAGE>

ALI/ARDS,  these  patients  have depleted or degraded  endogenous  surfactant in
their lungs and thus require mechanical  ventilation.  Discovery's  intent, with
its lavage  technique,  is to rid the lung of the  infectious  and  inflammatory
debris,  restore  the  alveoli  to a more  normal  state  and get  patients  off
mechanical ventilation sooner.

Discovery has safely  employed the surfactant  lavage  technique in two clinical
trials  thus far, a Phase 1B trial in ARDS/ALI  patients  and a Phase 2 trial in
newborn MAS babies.  Plans are currently  underway to initiate a Phase 3 pivotal
trial in MAS.

Surfaxin(R)  (lucinactant)  contains the novel,  proprietary peptide sinapultide
which was designed to completely  mimic the human  surfactant  protein B (SP-B).
Clinical proof of concept has been  demonstrated in a Phase 2 trial in premature
infants with  respiratory  distress  syndrome  (RDS),  and in a Phase 2 trial of
full-term  babies with MAS.  Existing  surfactants  are approved only for RDS in
premature babies,  with the most  commonly-used  surfactants being extracts from
either  cow  or  pig  lungs.   Discovery's   synthetic   humanized   surfactant,
Surfaxin(R),  was  designed to replace  the  animal-derived  surfactants  and to
expand surfactant use into other pulmonary disorders.

Discovery  is a  bio-pharmaceutical  company  whose  mission is to  develop  and
commercialize   medically  novel  therapeutics  for  critical  care.  Presently,
Discovery is developing  proprietary  pharmaceuticals  to treat RDS in premature
infants, MAS, direct ARDS, and cystic fibrosis. More information about Discovery
is available on the company's web site at: www.discoverylabs.com.

To the extent that statements in this press release are not strictly historical,
including  statements as to future financial  conditions,  events conditioned on
stockholder or other approval, or otherwise as to future events, such statements
are forward-looking,  and are made pursuant to the safe harbor provisions of the
Securities  Litigation  Reform  Act  of  1995.  The  forward-looking  statements
contained in this release are subject to certain  risks and  uncertainties  that
could cause actual results to differ  materially from the statements made. Among
the factors  which could  affect the  company's  actual  results and could cause
results  to  differ  from  those  contained  in the  forward-looking  statements
contained  herein  are the risk that  financial  conditions  may  change,  risks
relating to the  progress of the  company's  research  and  development  and the
development of competing therapies and/or technologies by other companies. Those
associated risks and others are further  described in the company's filings with
the Securities and Exchange Commission.

                                      * * *


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