DUSA Pharmaceuticals Sues Additional Physicians For Infringement Of Its Levulan'R' Photodynamic Therapy Patents.WILMINGTON, Mass. -- Additional Patent Infringement patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver. Suits Follow Successful Outcomes 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.(R) (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) announced today that it has filed additional lawsuits against physicians in California, Michigan, and Massachusetts, to prevent their continued infringement of DUSA's patents on methods of treating various disorders with photodynamic therapy photodynamic therapy n. A type of phototherapy in which a nontoxic light-sensitive compound that has been injected into a patient is exposed selectively to light, whereupon it becomes toxic to targeted malignant and other diseased cells. (PDT PDT abbr. Pacific Daylight Time PDT Pacific Daylight Time PDT n abbr (US) (= Pacific Daylight Time) → hora de verano del Pacífico PDT ). DUSA's patents cover the use of compounds such as aminolevulinic acid (ALA) with PDT to treat actinic keratosis, basal cell carcinoma basal cell carcinoma n. A slow-growing, locally invasive, but rarely metastasizing neoplasm of the skin derived from basal cells of the epidermis or hair follicles. Also called basal cell epithelioma. , acne and other dermatological conditions. The suits allege that ALA obtained from sources other than DUSA Pharmaceuticals is being used by physicians, without license from DUSA, to perform treatments that are covered under patents exclusively licensed by DUSA, resulting in direct infringement of these patent(s). In November, 2005 DUSA filed similar patent infringement suits against doctors in California, Florida, and Tennessee. To date, DUSA has obtained consent judgments in two of these suits with the defendant physicians admitting to infringing DUSA's patents and agreeing to cease their illegal conduct. In one of these cases, the defendant physician also admitted to illegally using DUSA's Levulan(R) trademark in connection with his infringing activities and agreed to cease this conduct as well. Of the two cases remaining active from November, 2005, one defendant failed to offer a defense and defaulted, and the other case is still pending. "We have an obligation to protect our Levulan(R) franchise from illegal exploitation of our intellectual property and to protect our valued customers from unfair competition from those who infringe our patents," said Robert Doman, DUSA's President and Chief Operating Officer Chief Operating Officer (COO) The officer of a firm responsible for day-to-day management, usually the president or an executive vice-president. . "It is unfortunate that we must take action against these physicians, but, even in the face of our patent position, compounding pharmacies continue to place physicians at risk of patent infringement by making ALA available. We will continue to actively monitor the situation with compounded ALA in the medical community and will take systematic action to prevent further infringement of our patents." About DUSA Pharmaceuticals DUSA Pharmaceuticals, Inc. is a biopharmaceutical company engaged primarily in the development of Levulan(R) 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(R) 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 intention to monitor the situation and take action. Furthermore, the factors that may cause differing results include the uncertainties of litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. , sufficient funding, maintenance of our patent portfolio and other risks identified in DUSA's SEC filings from time to time. DUSA Pharmaceuticals, Inc. (NASDAQ:DUSA) |
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