DUSA Pharmaceuticals, Inc. v. Biofrontera Inc. et al. (18-cv-10568).

DUSA, a New Jersey company, accuses Biofrontera of infringing U.S. Patent Nos. 8,216,289 and 9,723,991 by making and selling their BF-RhodoLED product, an LED lamp used for treatment of actinic keratosis and other non-melanoma skin cancers.  Both patents are directed to “photodynamic therapy” lamps and methods of using the same, which involve combining photosensitizer drugs with light sources in a way that targets only the cancer cells being treated, and not healthy cells.  Willful infringement is alleged, based on statements in Biofrontera’s annual reports that identify DUSA as a direct competitor and indicate that Biofrontera regularly reviews “the current patent situation” and that Biofrontera is aware of the DUSA products covered by the two patents.  Inducement and contributory infringement are claimed in addition to direct infringement.  The two patents claim a priority date of May 1, 1998, putting them near the end of their lifespans; DUSA is nevertheless seeking injunctive relief in addition to damages.

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