Yuriz /
12 July 2018Americas

Sun Pharma unit bolsters patent suit with trade secrets claims

Dusa Pharmaceuticals, a subsidiary of India-based generic drug maker Sun Pharma, has accused dermatology-focused company Biofrontera of misappropriating trade secrets.

The subsidiary announced yesterday, July 11, that it had filed an amended complaint featuring trade secret misappropriation and tortious interference claims in an ongoing patent infringement lawsuit against Biofrontera.

The suit, which was originally filed at the US District Court for the District of Massachusetts in March this year, claims that Biofrontera has infringed US patent numbers 9,723,991 and 8,216,289.

The two patents concern an apparatus and method for “photodynamic therapy” (PDT) and equipment for PDT.

PDT combines a drug (known as a photosensitiser) with a light source to treat disease conditions.

Dusa launched its product in 2000 in the US. It is used to treat actinic keratoses, which are rough, scaly patches on the skin that develop from exposure to the sun.

The claim accused Biofrontera of infringing the patents through its sale of a line of illuminator products in the US which are also used to treat actinic keratoses.

In its amended complaint, Dusa alleged that a number of former employees took confidential information with them before joining Biofrontera.

“The confidential information is extremely valuable to Dusa and would be extremely valuable to competitors in the industry,” said the claim, before alleging that a former sales manager at Dusa sent an email to his personal account containing sensitive sales information.

A former medical science liaison was also accused of connecting USB devices to his work computer “several times in the weeks leading up to his departure from Dusa” and took confidential information.

“Biofrontera also procured trade secret information from former Dusa employees comprising the key home office functionality of Dusa, including employees from Dusa’s sales, finance, medical, marketing, quality control, and internal infrastructure divisions,” said the suit.

Dusa is seeking a finding of patent infringement and trade secret misappropriation, along with damages, compensation and injunctive relief.

A spokesperson for Biofrontera said: “Dusa’s subsequent claims are without merit, and Biofrontera intends to vigorously fight them.”

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