WILMINGTON, MASSACHUSETTS--(CCNMatthews - May 15, 2006) - Injunction stops River’s Edge from selling generic version of DUSA’s Nicomide® DUSA Pharmaceuticals, Inc. (NASDAQ NMS:DUSA) announced today that the United States District Court in Trenton, N.J., issued a preliminary injunction against River’s Edge Pharmaceuticals LLC enjoining the company from selling its niacinamide formula drug as a generic substitute for Nicomide®, a patented product of DUSA’s. In issuing the injunction, which will be effective as soon as DUSA posts a bond or cash in lieu thereof (expected this afternoon), the court ordered that River’s Edge must i) cease importing, making, having made, using, selling, and/or offering to sell its product; ii) immediately recall and remove from the stream of commerce its product and any other infringing products from all distributors, wholesalers, franchisees, agents, independent contractors, other individuals or entities known to River’s Edge, except for retailers; and iii) request the removal of the listing of its product as a substitute from the National Drug Data File maintained by First DataBank, Inc. and any similar database. Nicomide is the key product acquired by DUSA when it merged with Sirius Laboratories, Inc. in March of 2006. The ruling came about as a result of the filing of a patent infringement lawsuit by DUSA and Sirius Laboratories, now a wholly owned subsidiary, against River’s Edge. The court had agreed earlier in April to an expedited hearing of the motion for the preliminary injunction in the case brought by DUSA.
