DUSA Pharmaceuticals Files Suit Against Second Compounding Pharmacy.WILMINGTON, Mass. -- DUSA DUSA Deputy Under Secretary of the Army DUSA Deakin University Student Association DUSA Dundee University Students' Association (Scotland) DUSA Designated Unclassified Subject Area Pharmaceuticals, Inc. (NASDAQ NASDAQ in full National Association of Securities Dealers Automated Quotations U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on NMS See NetWare Management System. :DUSA) reported today that it has filed a lawsuit against The Cosmetic Pharmacy of Tucson, Arizona alleging violations of the Lanham Act for false advertising and trademark infringement, and of U.S. patent law. The suit has been filed in the United States District Court for the District of Arizona The United States District Court for the District of Arizona is the Federal district court whose jurisdiction is the state of Arizona. The United States Attorney's Office for the District of Arizona represents the United States in civil and criminal litigation in this court. . In addition, DUSA believes that certain actions of The Cosmetic Pharmacy go beyond the activities which are permitted under the Food, Drug and Cosmetic Act Federal Food, Drug and Cosmetic Act a regulation in the United States which requires all drugs used in animals to be approved by the Food and Drug Administration. , and as a result, it has advised the U.S. Food and Drug Administration (FDA FDA abbr. Food and Drug Administration FDA, n.pr See Food and Drug Administration. FDA, n.pr the abbreviation for the Food and Drug Administration. ) and Arizona State Board of Pharmacy of its concerns. On December 27, 2004, DUSA announced that it had filed a lawsuit against New England Compounding Center of Framingham, Massachusetts alleging violations of U.S. patent law. Dr. Geoffrey Shulman, DUSA's Chairman of the Board and Chief Executive Officer, stated, "We are filing this second lawsuit to demonstrate that we intend to protect our proprietary intellectual property position from those compounding pharmacies that go beyond their legal limits and that are promoting and selling ALA of unknown quality from unknown sources. We have an obligation 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. We intend to protect our trademarks and our goodwill, especially in light of recent events which implicate The Cosmetic Pharmacy in the recent serious incidents involving the use of non-FDA approved botulinum toxin, causing The Cosmetic Pharmacy to be restrained from committing violations of the Food Drug and Cosmetic Act by the United States District Court United States District Court In the U.S., any of the 94 trial courts of general jurisdiction in the federal judicial system. Each state, as well as the District of Columbia and the Commonwealth of Puerto Rico, has at least one federal district court. in the Southern District of Florida." DUSA Pharmaceuticals, Inc. is a biopharmaceutical company engaged primarily in the development of Levulan Photodynamic Therapy (PDT PDT abbr. Pacific Daylight Time PDT Pacific Daylight Time PDT n abbr (US) (= Pacific Daylight Time) → hora de verano del Pacífico 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 The Cosmetic Pharmacy activities and its intention to protect its product's reputation and other risks identified in DUSA's SEC filings from time to time. DUSA PHARMACEUTICALS INC. (NASDAQ:DUSA) |
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