Patent board rules Sun Pharma claims unpatentable in Biofrontera dispute

The U.S. Patent Trial and Appeal Board ruled on February 23 that all challenged claims of Sun Pharmaceutical Industries Inc.'s Patent No. 11,697,028 are unpatentable, according to a statement from Biofrontera Inc. (NASDAQ: BFRI).

The decision follows patent infringement proceedings Sun Pharma initiated against Biofrontera in June 2024 in the U.S. District Court for the District of Massachusetts and the International Trade Commission. Sun Pharma alleged Biofrontera infringed the patent and a related patent, U.S. Patent No. 11,446,512.

Biofrontera responded by filing petitions for Inter Partes Review with the Patent Trial and Appeal Board to challenge the validity of Sun Pharma's patent claims. The board agreed with Biofrontera on all challenged claims of the '028 patent.

Sun Pharma retains the right to request a review of the decision or appeal to the United States Court of Appeals for the Federal Circuit. The ruling does not affect Biofrontera's petition regarding the '512 patent, which the Patent Office denied review on administrative grounds.

Biofrontera specializes in photodynamic therapy and commercializes the drug-device combination Ameluz with the RhodoLED lamp series for treating actinic keratosis, pre-cancerous skin lesions.

"Biofrontera is pleased with the Board's Final Written Decision," said Hermann Luebbert, CEO and Chairman of Biofrontera. "We remain focused on clinical research and development in the PDT space to better serve clinicians and improve their patients' lives."

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