UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, DC 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of
the Securities Exchange Act of 1934
Date of Report (Date of earliest event reported): July 14, 2005
DUSA PHARMACEUTICALS, INC.
(Exact name of registrant as specified in its charter)
New Jersey 0-19777 22-3103129
(State or other (Commission File (IRS Employer
jurisdiction of Number) Identification
incorporation) Number)
25 Upton Drive
Wilmington, Massachusetts 01887
(Address of principal executive offices, including ZIP code)
(978) 657-7500
(Registrant's telephone number, including area code)
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions (see General Instruction A.2. below):
[ ] Written communications pursuant to Rule 425 under the Securities Act
(17 CFR 230.425)
[ ] Soliciting material pursuant to Rule 14a-12 under the Securities Act
(17 CFR 240.14a-12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))
Item 8.01 - Other Events.
DUSA Pharmaceuticals, Inc. ("DUSA") issued a press release on July 14, 2005,
attached to and made a part of this report, announcing sales results for the
period ended June 30, 2005 and held a conference call today to discuss the
results. Dr. Shulman indicated during the call that while management cannot be
certain of future results, DUSA is optimistic that when reordering of Levulan(R)
Kerastick(R) units by high volume customers from 2004 converges with ordering by
this year's high volume customers, quarter-to-quarter sales growth should
reaccelerate. In addition, Mr. Doman noted that the potential arrangement with a
group of medi-spa clinics to purchase BLU-U(R) units may also occur before the
end of the year.
Except for historical information, this report and the attached press release
contain certain forward-looking statements that involve known and unknown risks
and uncertainties, which may cause actual results to differ materially from any
future results, performance or achievements expressed or implied by the
statements made. These forward-looking statements relate to beliefs concerning
reasons for lower second quarter revenues of Kerastick(R) and BLU-U(R) units,
impact of sales by compounding pharmacies, expectations for smoother order
patterns and growth reflective of usage, reacceleration of quarter-to-quarter
growth, potential sales to a group of medi-spa clinics, beliefs concerning
Levulan's(R) position in the adoption curve, and expectations for the timing of
the release of full financial results. Such risks and uncertainties include, but
are not limited to, dependence on third-party manufacturers, DUSA's ability to
integrate its new sales representatives and its new strategy, its ability to
continue to penetrate the market, the litigation process, dependence on the
consummation of a contract with a third-party, maintenance of its patent
portfolio, and other risks identified in our SEC filings from time to time,
including those contained in DUSA's Form 10-K for the year ended December 31,
2004
Item 9.01 - Financial Statement and Exhibits
Item No. Description
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99 Press Release, dated July 14, 2005
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.
DUSA PHARMACEUTICALS, INC.
Dated: July 15, 2005 By: /s/ D. Geoffrey Shulman
------------------------------
D. Geoffrey Shulman, MD, FRCPC
Chairman of the Board and
Chief Executive Officer
EXHIBIT INDEX
Item No. Description
-------- -----------
99 Press Release, dated July 14, 2005