Item 8.01 Other Events.
The Registrant has filed a Request for Reexamination with the United States
Patent and Trademark Office ("USPTO") of one of the patents licensed from Queens
University covering certain methods of using its product, LevulanŽ , for its
FDA-approved indication. While the Registrant believes that the reexamination
will strengthen the patent, there is no guarantee that the process will be
successful since the USPTO reviews the entire prosecution history of a patent
during a reexamination and could determine that some or all of the patent claims
are invalid. Typically, a reexamination takes approximately 18 months to
complete. The patent is due to expire in 2013.
Except for historical information, this report contains certain forward-looking
statements that represent our current expectations and beliefs concerning future
events, and involve certain known and unknown risk and uncertainties. These
forward-looking statements relate to beliefs concerning the reexamination of one
of its patents and the likelihood of success of such process, the length of time
of a reexamination and the outcome thereof. These forward-looking statements are
further qualified by important factors that could cause actual results to differ
materially from future results, performance or achievements expressed or implied
by those in the forward-looking statements made in this release. These factors
include, without limitation, actions by the U.S. Patent and Trademark Office,
uncertainties regarding the actions of third-parties, and other risks and
uncertainties identified in DUSA's securities filings with the SEC, including
without limitation, its Form 10-K for the year ended December 31, 2007.
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