Northern California US District Court Rules on Chiron Temporary Restraining Order Sought Against SourceCF
November 17 2004 - 10:00AM
PR Newswire (US)
Northern California US District Court Rules on Chiron Temporary
Restraining Order Sought Against SourceCF Action Related to Cystic
Fibrosis Therapies and Tobramycin HUNTSVILLE, Ala., Nov. 17
/PRNewswire/ -- US District Judge William Alsup denied the primary
relief sought by Chiron Corporation (NASDAQ:CHIR) in its request
for a temporary restraining order against SourceCF in an order
dated November 9, 2004. The action, which Chiron linked to TOBI(R)
-- their respiratory drug with 2004 nine-month sales reported of
$159.6 million -- specifically relates to SourceCF's marketing of
the eFlow(R) Electronic Inhaler. Chiron filed a motion with the
Northern California US District Court for a temporary restraining
order (TRO) on October 6th to prevent SourceCF from discussing
eFlow at the North American Cystic Fibrosis Conference held in St.
Louis October 14 - 16, 2004. Judge Alsup declined to issue a TRO on
October 6th, and scheduled a hearing for October 26. Following that
hearing and based on an examination of the extensive evidence
submitted by both parties, Judge Alsup denied the primary relief
sought by Chiron. The Court did order SourceCF to revise two of its
12 responses to frequently asked questions to clarify that eFlow's
performance characteristics are based upon in-vitro rather than
in-vivo testing. A full trial has been scheduled for March 14,
2005. "I am extremely pleased that Judge Alsup, after a preliminary
review of our eFlow marketing practices, declined to grant Chiron
the Draconian relief sought," said Mike Walters, President and CEO
of SourceCF, Inc. and Managing Director of SourceCF Clinical
Research and Development, LLC. "I eagerly await the opportunity for
further vindication against Chiron's claims in March." "While I can
certainly appreciate why Chiron feels threatened by the innovative
technology embodied in eFlow, we introduced eFlow in a responsible
manner, and I am thrilled that SourceCF remains able to legally
provide it to pharmacists and doctors in the cystic fibrosis
community," Walters added. Cystic fibrosis is a disease that
aggressively attacks the lungs of patients and inhaled therapies
have long been standard treatments. "eFlow is PARI's innovative
electronic nebulizer that significantly reduces delivery times
versus conventional jet nebulizers," said Walters. "In-vitro
testing shows that eFlow is so efficient that traditional volumes
must be reduced if the physician's goal is to deliver an equivalent
respirable dose. At this juncture, compounding pharmacies are
providing the best solution by working with physicians to create
formulations that best suit their patients' needs when the decision
is made to use eFlow." In September, the Respiratory Disease
Network, a group of independent specialty pharmacies serving the
cystic fibrosis community, introduced a disease intervention
program featuring PARI's eFlow. About Cystic Fibrosis (CF) Cystic
fibrosis is a genetic disease affecting approximately 30,000
children and adults in the United States. One in 31 Americans (more
than 10 million people) is an unknowing, symptomless carrier of the
defective gene. CF causes the body to produce abnormally thick,
sticky mucus that clogs the lungs and obstructs the pancreas.
According to the CF Foundation's National Patient Registry, the
median age of survival for a person with CF is 33.4 years. As more
advances have been made in the treatment of CF, the number of
adults with CF has steadily grown. Today, nearly 40 percent of the
CF population is age 18 and older. About SourceCF Clinical Research
and Development SourceCF Clinical Research and Development was
formed to serve the cystic fibrosis community through the
development of new treatment options aimed at improving the lives
of people with the disease. SourceCF Clinical Research and
Development is based in Huntsville, Alabama. Additional information
is available online at http://www.sourcecf.com/ . DATASOURCE:
SourceCF CONTACT: Mike Walters, +1-256-704-4880, for SourceCF Web
site: http://www.sourcecf.com/
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