Sun Pharmaceutical Industries said that its wholly-owned subsidiary, DUSA Pharmaceuticals, filed trade secret misappropriation and tortious interference claims in an ongoing patent infringement lawsuit against Biofrontera Inc., Biofrontera Bioscience GmbH, Biofrontera Pharma GmbH, and Biofrontera AG in the United States District Court for the District of Massachusetts.
The lawsuit alleges patent infringement of DUSA’s patents covering DUSA’s product, Levulan and Kerastick (aminolevulinic acid HCl) for topical solution, 20% used with DUSA’s BLU-U Blue Light Photodynamic Therapy Illuminator. DUSA additionally alleges that the Biofrontera defendants misappropriated confidential and trade secret information from DUSA and improperly obtained confidential DUSA information from former DUSA employees to sell and market defendants’ own products. The lawsuit seeks an assessment of both damages and injunctive relief against the Biofrontera defendants.
The patents-in-suit concern an apparatus and method for “photodynamic therapy” (or “PDT”) and equipment for PDT. The photodynamic therapy, pioneered by DUSA, combines a drug with a light source to treat disease conditions. The product was launched by DUSA in September 2000 in the US.