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): November 21, 2005
DUSA PHARMACEUTICALS, INC.
(Exact name of registrant as specified in its charter)
New Jersey 0-19777 22-3103129
(State or other jurisdiction (Commission File (IRS Employer
of 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 the morning of
November 21, 2005, attached to and made a part of this report as Exhibit 99,
announcing that it has filed lawsuits against physicians in California, Florida,
and Tennessee to prevent their continued use of versions of its Levulan(R) brand
of aminolevulinic acid HCl (ALA) produced by compounding pharmacies, for use in
DUSA's patented photodynamic therapy (PDT) treatment for actinic keratosis,
basal cell carcinoma, acne and other dermatological conditions.
Additionally, some doctors are also being sued for misuse of DUSA's trademarks
and for violations of the Latham Act for using the Levulan(R) brand name on
their web sites and promotional materials, but performing patient treatments
with ALA obtained from other sources.
Except for historical information, this report, including the attached 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 the company's
expectations regarding its relationships. Furthermore, the factors that may
cause differing results include the uncertainties of litigation, sufficient
funding, maintenance of our patent portfolio and other risks identified in
DUSA's SEC filings from time to time.
Item 9.01 - Financial Statement and Exhibits.
Item No. Description
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99 Press Release, dated November 21, 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: November 21, 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 November 21, 2005