The injunction had been in effect since May 2006, following the filing of Dusa's complaint alleging that River's Edge's product infringes Dusa's patent.
Nicomide is one of the key products acquired by Dusa when it merged with Sirius Laboratories in March of 2006.
“Dusa takes protection of its intellectual property very seriously and we intend to vigorously defend our patent estate. Although the Judge's ruling with respect to this motion is disappointing, we continue to believe in the validity of our intellectual property and the strength of our case,” stated Robert Doman, Dusa president and COO.
“We will seek appropriate damages to compensate Dusa for River's Edge's actions and take appropriate actions to limit the impact in the marketplace.”