DUSA Pharmaceuticals Inc (Wilmington,
Mass) announced that the US District Court
in Trenton, NJ, has issued a preliminary
injunction against River's Edge Pharmaceuticals
LLC (Suwanee, Ga), prohibiting it from
selling the generic version of DUSA's acne drug Nicomide (niacinamide).
DUSA, a dermatology specialty pharmaceutical company,
reported that the court has ordered River's Edge to stop
importing, making, having made, using, selling, and/or offering
to sell its niacinamide formula drug as a generic substitute for
Nicomide and to immediately recall the product. The court also
has ordered River's Edge to remove the listing of its product as
a substitute from the National Drug Data File maintained by
First DataBank Inc and any similar database.
Nicomide was among the main products acquired by DUSA
when it merged with Sirius Laboratories Inc in March of this year.
DUSA and Sirius Laboratories, now a wholly owned subsidiary,
had sued River's Edge for infringing the patent related to
Nicomide. The court had agreed in April 2006 to an expedited
hearing of the motion for the preliminary injunction in the case
brought by DUSA.
DUSA President and Chief Operating Officer Bob Doman commented,
"The merger with Sirius successfully broadened the proprietary
portfolio of products that we could offer to dermatologists
and other clinicians. Since then, our newly expanded sales
organization has been actively promoting Nicomide."