Court grants DUSA rapid hearing date in River's Edge lawsuit

By Lisa Kerner

Erie, Pa., April 25 - DUSA Pharmaceuticals, Inc. said it filed a patent infringement suit in the U.S. District Court in Trenton, N.J., alleging that a River's Edge Pharmaceuticals' LLP niacinimide product infringes U.S. Patent No. 6,979,468.

The court, in response to a motion filed with the lawsuit, granted an expedited hearing date of May 5. On that date, the court will hear arguments on a motion for preliminary injunction to enjoin River's Edge Pharmaceuticals LLP from selling its alternative product to DUSA's product, Nicomide.

DUSA acquired Nicomide from Sirius Laboratories in its recent merger.

River's Edge Pharmaceuticals filed its own lawsuit on March 28 alleging that Sirius Laboratories, a wholly owned subsidiary of DUSA, agreed to authorize River's Edge to market a generic version of Nicomide.

The suit, filed in the U.S. District Court for the Northern District of Georgia, Gainesville Division, also alleges that the U.S. patent covering Nicomide issued to Sirius in December is invalid.

DUSA is an integrated dermatology specialty pharmaceutical company located in Wilmington, Mass.

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