Biofrontera settles patent dispute with Dusa over skin treatment

A US subsidiary of German skin treatment company Biofrontera has resolved its dispute with Dusa Pharmaceuticals, on the eve of a trial over patents covering a light therapy used to treat skin conditions, called BLU-U.

The parties settled on Monday, November 29, at the US District Court for the District of Massachusetts, Biofrontera confirmed in a statement.

According to Biofrontera, it has agreed to pay Dusa $22.5 million in settlement of potential claims. Half of the settlement amount is due upon execution of the agreement.

Back in March 2018, Dusa brought an action over the alleged infringement of patents, US numbers 9,723,991 and 8,216,289, after Biofrontera unveiled a rival product, BF-RhodoLED in October 2016.

The patents-in-suit concerned a method for photodynamic therapy (or PDT), a type of treatment that combines drugs with light sources to treat dermatological conditions, including acne.

According to its complaint, Dusa pioneered photodynamic therapy, and in 1998, it submitted a New Drug Application to the Food and Drug Administration (FDA) for approval of this novel therapy.

DUSA stated that it was the first in the industry to present PDT for treatment of the skin condition, actinic keratosis, to the FDA, and that it worked with the agency to develop safe and effective light power and spectrum specifications for the treatment.

The complaint also alleged that Biofronterna was liable for the  unauthorised use of alleged trade secrets, tortious interference with contractual relations and alleged deceptive and unfair trade practices. In October 2020, the proceedings were referred to a jury for a decision.

Judge Stearn’s brief filing dismissing the action yesterday will now terminate these proceedings.

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