879993--3/4/2010--DUSA_PHARMACEUTICALS

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{property, intellectual, protect}

{customer, product, revenue}

{stock, price, operating}

{condition, economic, financial}

{product, market, service}

{personnel, key, retain}

{tax, income, asset}

{provision, law, control}

{control, financial, internal}

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If We Are Not Successful With The Reexamination Of Our Levulan Patent, Our Revenues Could Decline. Any Failure To Comply With Ongoing Governmental Regulations In The United States And Elsewhere Will Limit Our Ability To Market Our Products And Become Profitable. If Product Sales Do Not Continue to Increase, We May Not Be Able To Advance Development Of Our Other Potential Products As Quickly As We Would Like To, Which Would Delay The Approval Process And Marketing Of New Potential Products, if approved. The Current Global Credit And Financial Market Conditions May Affect Our Business. If The Economic Slowdown Adversely Affects Our Customer s Ability To Meet Our Payment Terms, Our Cash Flow Would Be Adversely Affected And Our Ability To Achieve Profitability On An Annual Basis Could Be Delayed. We Have Had Significant Losses And May Have Losses In The Future. Our Ability To Use Net Operating Loss Carryforwards and Tax Credit Carryforwards To Offset Future Taxable Income May Be Further Limited As A Result Of Past Or Future Transactions Involving Our Common Stock. If We Are Unable To Obtain The Necessary Capital To Fund Our Operations, We Will Have To Delay Our Development Program And May Not Be Able To Complete Our Clinical Trials. We Have Limited Patent Protection, And If We Are Unable To Protect Our Proprietary Rights, Competitors Might Be Able To Develop Similar Products To Compete With Our Products And Technology. Litigation Is Expensive And We May Not Be Able To Afford The Costs. Since We Now Operate The Only FDA Approved Manufacturing Facility For The Kerastick And Continue To Rely Heavily On Sole Suppliers For The Manufacture Of Levulan Any Supply Or Manufacturing Problems Could Negatively Impact Our Sales We Have Only Limited Experience Marketing And Selling Pharmaceutical Products Outside of the United States And As A Result, Our Revenues From Product Sales May Suffer. The Commercial Success Of Any Product That We May Develop Will Depend Upon The Degree Of Market Acceptance Of Our Products Among Physicians, Patients, Health Care Payors, Private Health Insurers And The Medical Community. If We Cannot Improve Physician Reimbursement And/Or Convince More Private Insurance Carriers To Adequately Reimburse Physicians For Our Product, Sales May Suffer. We Have Only Three Therapies That Have Received Regulatory Approval Or Clearance, And We Cannot Predict Whether We Will Ever Develop Or Commercialize Any Other Levulan Because Of The Nature Of Our Business, The Loss Of Key Members Of Our Management Team Could Delay Achievement Of Our Goals. Collaborations With Outside Scientists May Be Subject To Restriction And Change. Risks Related To Our Industry Product Liability And Other Claims Against Us May Reduce Demand For Our Products Or Result In Damages. We May Not Be Able To Compete Against Traditional Treatment Methods Or Keep Up With Rapid Changes In The Biotechnology And Pharmaceutical Industries That Could Make Some Or All Of Our Products Non-Competitive Or Obsolete. Risks Related To Our Stock Our Common Stock May Not Continue To Trade On The Nasdaq Global Market, Which Could Reduce The Value Of Your Investment And Make Your Shares More Difficult To Sell. Our Stock Price Is Highly Volatile And Sudden Changes In The Market Value Of Our Stock Occur Making An Investment Risky. Significant Fluctuations In Orders For Our Products, On A Monthly And Quarterly Basis, Are Common Based On External Factors And Sales Promotion Activities. These Fluctuations Could Increase The Volatility Of Our Stock Price. Future Sales Of Securities May Cause Our Stock Price To Decline. Effecting A Change Of Control Of DUSA Would Be Difficult, Which May Discourage Offers For Shares Of Our Common Stock.

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879993--3/4/2010--DUSA_PHARMACEUTICALS_INC