UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
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FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
October 3, 2003
Date of Report (Date of earliest event reported)
Discovery Laboratories, Inc.
(Exact name of Registrant as specified in its charter)
Delaware 000-26422 94-3171943
(State or other jurisdiction (Commission File Number) (IRS Employer
of incorporation) Identification Number)
350 Main Street, Suite 307
Doylestown, Pennsylvania 18901
(Address of principal executive offices)
(215) 340-4699
(Registrant's telephone number, including area code)
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(Former name or former address, if changed since last report)
Item 5. Other Events and Regulation FD Disclosure
In connection with the transfer by Discovery Laboratories, Inc. (the
"Company"), of its Surfaxin(R) manufacturing facilities from Akorn, Inc.
("Akorn"), the Company has entered into a Technology Transfer and Manufacturing
Agreement (the "Agreement") with Laureate Pharma, L.P. ("Laureate"), which is
attached hereto as Exhibit 10.1. The Agreement contemplates the transfer of the
Company's Surfaxin manufacturing line, which previously existed at Akorn, to
Laureate's manufacturing facilities in Totowa, New Jersey, and the further
installation, validation and start-up of the Surfaxin manufacturing line at
Laureate's manufacturing facilities. The transfer has already been completed. In
addition, the Agreement contemplates the installation, validation and start-up
of a new Surfaxin manufacturing and filling line to produce large-scale
commercial and clinical supplies of Surfaxin.
Item 7. Financial Statements, Pro Forma Financial Statements and Exhibits
(c) Exhibits:
10.1 Technology Transfer and Manufacturing Agreement (as defined in Item
5 above).
Confidential treatment has been requested with respect to certain portions of
the exhibit. Such portions have been separately filed with the Securities
and Exchange Commission and redacted herein.
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 J. Capetola
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Name: Robert J. Capetola, Ph.D.
Title: President and
Chief Executive Officer
Date: October 22, 2003