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): May 15, 2006
DUSA PHARMACEUTICALS, INC.
(Exact name of registrant as specified in its charter)
New Jersey 0-19777 22-3103129
(State or other jurisdiction of (Commission File (IRS Employer
incorporation) Number) Identification 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 May 15, 2006,
reporting that the United States District Court in Trenton, N.J., issued a
preliminary injunction against River's Edge Pharmaceuticals LLC enjoining
River's Edge from selling its niacinamide formula drug as a generic substitute
for Nicomide(R), a patented product of DUSA's. In issuing the injunction, which
was effective on May 15, 2006 upon the posting of cash in lieu of a surety bond,
the court ordered that River's Edge must i) cease importing, making, having
made, using, selling, and/or offering to sell its product; ii) immediately
recall and remove from the stream of commerce its product and any other
infringing products from all distributors, wholesalers, franchisees, agents,
independent contractors, other individuals or entities known to River's Edge,
except for retailers; and iii) request the removal of the listing of its product
as a substitute for Nicomide from the National Drug Data File maintained by
First DataBank, Inc. and any similar database. Nicomide is the key product
acquired by DUSA when it merged with Sirius Laboratories, Inc. in March of 2006.
The ruling came about as a result of the filing of a patent infringement
lawsuit by DUSA and Sirius Laboratories, now a wholly owned subsidiary, against
River's Edge. The court had agreed earlier in April to an expedited hearing of
the motion for the preliminary injunction in the case brought by DUSA.
DUSA posted cash in the amount of $750,000.00 in lieu of a surety bond.
Except for historical information, this report, including the exhibit,
contains certain forward-looking statements that involve known and unknown risk
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 expected
effectiveness of the court order, intentions to defend patents, offerings of
products being offered to dermatologists and clinicians. These forward-looking
statements are further qualified by important factors that could cause actual
results to differ materially from those in the forward-looking statements. These
factors include, without limitation litigation process, our ability to penetrate
the market, maintenance of our patent portfolio, sufficient funding and other
risks and uncertainties identified in DUSA's filings with the Securities and
Exchange Commission from time to time, including its Form 10-K for the year
ended December 31, 2005.
Item 9.01 - Financial Statement and Exhibits.
Item No. Description
------- -----------
99 Press Release, dated May 15, 2006
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: May 15, 2006 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 May 15, 2006