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): APRIL 25, 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 Number) (IRS Employer
incorporation) 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 April 25,
2006, reporting that it has filed a patent infringement suit in the United
States District Court in Trenton, New Jersey alleging that a River's Edge
Pharmaceuticals' LLP ("River's Edge") niacinimide product infringes U.S. patent
6,979,468. In response to a motion put forward with the filing by DUSA, the
Court granted an expedited hearing date of May 5, 2006 in order to hear
arguments on a motion for preliminary injunction to enjoin River's Edge from
selling its alternative product to DUSA's product, Nicomide(R).
A copy of the press release is attached hereto as Exhibit 99 and
incorporated herein by reference.
Except for historical information, this report 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 DUSA's belief
regarding the court action. 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, the litigation process, the 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 April 25, 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: April 25, 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 April 25, 2006