Discovery Labs Announces Notice of Allowance for a U.S. Patent Supporting the AEROSURF® Development Program

WARRINGTON, Pa., Oct. 8, 2013 /PRNewswire/ -- Discovery Laboratories, Inc. (NASDAQ: DSCO), a specialty biotechnology company dedicated to advancing a new standard of respiratory critical care, today announced that the United States Patent and Trademark Office (USPTO) has issued a Notice of Allowance for a patent entitled "Capillary System With Fluidic Element."  The Company holds a license to this patent (U.S. Patent Application. No. 12/285,312), which will provide additional exclusivity regarding certain proprietary and technical aspects of its capillary aerosol generator (CAG) technology, a key component of its AEROSURF^® program. 

Discovery Labs' technology platform includes its synthetic, peptide-containing KL4 surfactant and its proprietary aerosolized drug delivery technologies, including the CAG technology, which has the potential to enable delivery of aerosolized KL4 surfactant without the invasive procedures currently required for surfactant administration.  Discovery Labs previously secured worldwide exclusive rights to the CAG technology for use with all pulmonary surfactants, alone or in combination with other pharmaceutical compounds, for a wide range of respiratory disorders.  The initial application of the CAG technology is for the Company's AEROSURF development program.

AEROSURF is a novel investigational combination drug-device product being developed to deliver Discovery Labs' KL4 surfactant in aerosolized form to premature infants with respiratory distress syndrome (RDS).  AEROSURF could potentially allow for the administration of KL4 surfactant to premature infants without invasive endotracheal intubation, and may enable the treatment of a significantly greater number of premature infants who could benefit from surfactant therapy but are currently not treated.  The Company plans to initiate its AEROSURF phase 2 clinical program in the fourth quarter of 2013.

"We are pursuing a broad exclusivities strategy and this patent further enhances a growing list of potential regulatory and patent related exclusivities and provides additional protections for our valuable AEROSURF program," said John G. Cooper, Chief Executive Officer of Discovery Labs.

About Discovery Labs

Discovery Laboratories, Inc. is a specialty biotechnology company focused on advancing a new standard in respiratory critical care.  Discovery Labs' technology platform includes its novel proprietary KL4 surfactant, a synthetic, peptide-containing surfactant that is structurally similar to pulmonary surfactant, and its proprietary drug delivery technologies being developed to enable efficient delivery of aerosolized KL4 surfactant and other inhaled therapies.  Discovery Labs' strategy is initially focused on neonatology and improving the management of respiratory distress syndrome (RDS) in premature infants. Discovery Labs believes that its RDS product portfolio has the potential to become the new standard of care for RDS and, over time, enable the treatment of a significantly greater number of premature infants who could benefit from surfactant therapy but are currently not treated.

Forward-Looking Statements

To the extent that statements in this press release are not strictly historical, all such statements are forward-looking, and are made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995.  These forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from the statements made. Examples of such risks and uncertainties, including those related to Discovery Labs' efforts to secure exclusivity protections for its drug and medical device products through patents, are described in Discovery Labs' 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. Any forward-looking statement in this release speaks only as of the date on which it is made. Discovery Labs assumes no obligation to update or revise any forward-looking statements.

SOURCE Discovery Laboratories, Inc.