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): June 19, 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 June 21,
2006, reporting that on June 19, 2006 the United States District Court for the
Northern District of Georgia, Gainesville Division, dismissed all claims alleged
by River's Edge Pharmaceuticals, LLC in its lawsuit against DUSA and its
wholly-owned subsidiary, Sirius Laboratories, Inc. The lawsuit was filed by
River's Edge on March 28, 2006, alleging, among other things, that Sirius agreed
to authorize River's Edge to market a generic version of Nicomide(R), and that
the United States patent covering Nicomide(R) issued to Sirius in December, 2005
is invalid. Nicomide is the key product acquired by DUSA when it merged with
Sirius Laboratories, Inc. in March of 2006. In May, 2006, the United States
District Court in Trenton, New Jersey, issued a preliminary injunction enjoining
River's Edge from selling its niacinamide formula drug as a generic substitute
for Nicomide(R). DUSA has filed a request to amend its complaint in New Jersey
seeking a declaration that, among other things, Sirius made no promise to
River's Edge regarding the marketing of a generic niacinamide product.
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 beliefs concerning
the preliminary injunction and protection of the marketplace. 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 June 21, 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.
By:/s/ D. Geoffrey Shulman
-----------------------------------
D. Geoffrey Shulman, MD, FRCPC
Chairman of the Board and
Chief Executive Officer
Dated: June 21, 2006
EXHIBIT INDEX
Item No. Description
99 Press Release, dated June 21, 2006