From Earlier: Cornerstone Therapeutics Announces Court Orders Dismissal of CUROSURF(R) Case

Cornerstone Therapeutics Inc.

today announced that on May 18, 2012 the United States District Court for the Western District of New York issued a decision and order granting Cornerstone's motion to dismiss all the claims of ONY, Inc. in the case filed by ONY. The case concerned Cornerstone's neonatal lung surfactant, CUROSURF. ONY, the maker of a competing neonatal lung surfactant, had filed suit on December 2, 2011 in connection with an article appearing in the September 1st 2011 online issue of the Journal of Perinatology. The article was based on a retrospective study in infants with Respiratory Distress Syndrome (RDS) that concluded that CUROSURF was associated with a significantly reduced likelihood of death when compared with ONY's product. ONY alleged that the conclusions of the article were unreliable and misleading. The Court ruled that the article was not misleading with respect to the facts on which it was based, and dismissed ONY's claims against Cornerstone and all the other named defendants.