-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, JMyAQYIgq6wk8b+ZD1jIa52SvX3PRymuvfVF5Uv5VAqIqp8AWQBEAPpjfnmp1fKP FjWSePRMbBpQDIHbwdh4DA== 0000950123-04-015256.txt : 20041227 0000950123-04-015256.hdr.sgml : 20041224 20041227171556 ACCESSION NUMBER: 0000950123-04-015256 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20041227 ITEM INFORMATION: Other Events ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20041227 DATE AS OF CHANGE: 20041227 FILER: COMPANY DATA: COMPANY CONFORMED NAME: DUSA PHARMACEUTICALS INC CENTRAL INDEX KEY: 0000879993 STANDARD INDUSTRIAL CLASSIFICATION: PHARMACEUTICAL PREPARATIONS [2834] IRS NUMBER: 223103129 STATE OF INCORPORATION: NJ FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-31533 FILM NUMBER: 041227044 BUSINESS ADDRESS: STREET 1: 25 UPTON DRIVE CITY: WILMINGTON STATE: MA ZIP: 01887 BUSINESS PHONE: 9786577500 MAIL ADDRESS: STREET 1: 25 UPTON DRIVE CITY: WILMINGTON STATE: MA ZIP: 01887 FORMER COMPANY: FORMER CONFORMED NAME: DEPRENYL USA INC / NJ DATE OF NAME CHANGE: 19930328 8-K 1 y04199e8vk.txt DUSA PHARMACEUTICALS, INC. FORM 8-K UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, DC 20549 CURRENT REPORT Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 Date of Report (Date of earliest event reported): December 27, 2004 DUSA PHARMACEUTICALS, INC. (Exact name of registrant as specified in its charter) New Jersey 0-19777 22-3103129 (State or other (Commission (IRS Employer jurisdiction of File Number) Identification incorporation) Number) DUSA Pharmaceuticals, Inc. 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 240.14a-12(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 today attached to and made a part of this report which announced that it had filed a lawsuit against New England Compounding Center ("NECC") of Framingham, Massachusetts alleging violations of U.S. patent law. The suit has been filed in the United States District Court in Boston, Massachusetts. In addition, DUSA believes that certain actions of NECC go beyond the activities which are permitted under the Food, Drug and Cosmetic Act, and as a result, it has advised the U.S. Food and Drug Administration (FDA) and local health authorities of its concerns. 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 the Company's belief regarding NECC activities and its intention to protect its product's reputation and other risks identified in DUSA's SEC filings from time to time. Item 9.01. Financial Statements and Exhibits. (c) Exhibits [99] Press Release dated December 27, 2004. 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: December 27, 2004 By: /s/ D. Geoffrey Shulman ------------------------------------- D. Geoffrey Shulman, MD, FRCPC President and Chief Executive Officer EXHIBIT INDEX No. Description - --- ------------ 99 Press Release dated December 27, 2004 EX-99 2 y04199exv99.txt PRESS RELEASE Exhibit 99 D U S A(R) INNOVATION IN PHOTODYNAMIC THERAPY DUSA Pharmaceuticals, Inc.(R) DUSA PHARMACEUTICALS FILES SUIT AGAINST COMPOUNDING PHARMACY Wilmington, MA. December 27, 2004 - DUSA Pharmaceuticals, Inc. (NASDAQ NMS: DUSA) reported today that it has filed a lawsuit against New England Compounding Center (NECC) of Framingham, Massachusetts alleging violations of U.S. patent law. The suit has been filed in the United States District Court in Boston, Massachusetts. In addition, DUSA believes that certain actions of NECC go beyond the activities which are permitted under the Food, Drug and Cosmetic Act, and as a result, it has advised the U.S. Food and Drug Administration (FDA) and local health authorities of its concerns. Dr. Geoffrey Shulman, DUSA's President and CEO, stated, "We have taken this action to protect our proprietary intellectual property position from pharmacies such as the NECC that are promoting and selling ALA of unknown quality from unknown sources. In addition, we intend to protect against damage to our product's reputation that might arise from the use of what could be an unsafe copy of our products. The recent serious incidents involving the use of non-FDA approved botulinum toxin illustrate how important it is to be proactive in this regard." DUSA Pharmaceuticals, Inc. is a biopharmaceutical company engaged primarily in the development of Levulan Photodynamic Therapy (PDT) and Photodetection (PD) for multiple medical indications, with its primary focus in dermatology. PDT and PD utilize light-activated compounds such as Levulan to induce a therapeutic or detection effect. The Company maintains offices in Wilmington, MA, Valhalla, NY, and Toronto, Ontario. Except for historical information, this news release 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 the Company's belief regarding NECC activities and its intention to protect its product's reputation and other risks identified in DUSA's SEC filings from time to time. For further information contact: D. Geoffrey Shulman, MD, President and CEO or Shari Lovell, Director, Shareholder Services Tel: 416.363.5059 Fax 416.363.6602 or visit www.dusapharma.com -----END PRIVACY-ENHANCED MESSAGE-----