HUNTSVILLE, Ala., Nov. 17 /PRNewswire/ -- US District Judge William Alsup denied the primary relief sought by Chiron Corporation 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/ .