DUSA Pharmaceuticals Announces Georgia Court Dismissal Of River's Edge Suit

WILMINGTON, MASSACHUSETTS--(MARKET WIRE)--Jun 21, 2006 -- DUSA Pharmaceuticals, Inc. (NasdaqNM:DUSA - News) announced today that on June 19th, 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®, and that the United States patent covering Nicomide® 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®. 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.