Litigation Details for DUSA Pharmaceuticals, Inc. v. Biofrontera Inc. (D. Mass. 2018)

DUSA Pharmaceuticals, Inc. v. Biofrontera Inc. (D. Mass. 2018)

Docket		Date Filed	2018-03-23
Court	District Court, D. Massachusetts	Date Terminated	2021-11-29
Cause	35:271 Patent Infringement	Assigned To	Richard Gaylore Stearns
Jury Demand	Both	Referred To
Parties	BIOFRONTERA NEUROSCIENCE GMBH
Patents	6,709,446; 8,216,289
Attorneys	Bryan K. Basso
Firms	Fish Richardson P.C.
Link to Docket	External link to docket

Details for DUSA Pharmaceuticals, Inc. v. Biofrontera Inc. (D. Mass. 2018)

Date Filed	Document No.	Description	Snippet	Link To Document
2018-03-23				External link to document
2018-03-23	1		infringement of United States Patent Nos. 9,723,991 and 8,216,289 (the “Patents-in-Suit”) by making, using…No. 8,216,289 (“the ’289 Patent”), entitled “Illuminator for Photodynamic Therapy.” The ’289 Patent has…Page 22 of 30 COUNT II: PATENT INFRINGEMENT OF U.S. PATENT NO. 8,216,289 DUSA incorporates…289 patent for Levulan®. The ’289 Patent and the ’991 Patent are continuations of the same patent, and… THE ASSERTED PATENTS The ’991 Patent On August	External link to document
2018-03-23	158	Memorandum & Order	surface.” Likewise, claim 1 of U.S. Patent No. 6,709,446 (the ’446 patent) discloses “[a]n illuminator . .…disputed claim terms of the two asserted patents – U.S. Patents Nos. 8,216,289 (the 1Specifically… Laws ch. 93A (Count VII). ’289 patent) and 9,723,991 (the ’991 patent). The court heard argument pursuant… THE ASSERTED PATENTS The ’289 and the ’991 patents are both entitled “Illuminator…application for the ’991 patent is a continuation of the application for the ’289 patent, which is itself a	External link to document

Litigation summary and analysis for: DUSA Pharmaceuticals, Inc. v. Biofrontera Inc. (D. Mass. 2018)

Last updated: April 24, 2026

DUSA Pharmaceuticals, Inc. v. Biofrontera Inc. (1:18-cv-10568): Litigation Summary and Patent Risk Analysis

What case is this and what court docket does it use?

DUSA Pharmaceuticals, Inc. v. Biofrontera Inc. is a federal patent case filed in the U.S. District Court for the District of Massachusetts with docket number 1:18-cv-10568.

Parties

• Plaintiff: DUSA Pharmaceuticals, Inc.
• Defendant: Biofrontera Inc.

What does DUSA allege Biofrontera infringes?

Publicly available docket materials identify DUSA as the plaintiff asserting patent infringement against Biofrontera, but the specific asserted patents, claims, and accused products are not included in the information available in this record.

What patents were asserted and what infringement theories were pleaded?

The publicly surfaced information for this docket does not provide the asserted patent numbers, claim groupings, or detailed infringement theories (literal infringement vs. doctrine of equivalents; independent claims vs. dependent claim sets), so a complete, accurate claim-by-claim infringement analysis cannot be produced from the provided record.

What procedural posture is visible on the docket?

The publicly available docket snapshot for 1:18-cv-10568 confirms the case exists in federal court, but it does not include enough detail here to map:

• claim construction schedule milestones,
• summary judgment timing,
• trial dates,
• any final judgment content,
• settlement terms (if any).

How strong is DUSA’s litigation position based on the available record?

A strength assessment requires knowing at least one of the following: asserted patents and remaining claims; claim construction outcomes; dispositive motion rulings; or final judgment. None are present in the material available in this record, so a defensible strength rating is not possible.

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What is the patent-risk profile for Biofrontera from this docket record?

A proper patent-risk profile depends on:

• the scope of the asserted patents,
• the specific accused activities,
• and outcomes of key motions.

Those elements are not available in the provided record; therefore, the only actionable risk statement that can be made from the current input is that the case is pending/exists and alleges infringement, without sufficient detail to quantify exposure.

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What can investors and R&D teams extract without the missing claim-level details?

Even without the asserted-patent list, the docket number confirms the case is in a U.S. patent venue (federal district court) with standard infringement litigation mechanics that typically include:

• pleadings (complaint and answer),
• scheduling order,
• possible Markman proceedings,
• summary judgment or other dispositive motions.

But without docket events and decision text, no litigation calendar, no speed-to-resolution estimate, and no outcome-based inference can be made.

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Key Takeaways

• Case identity: DUSA Pharmaceuticals, Inc. v. Biofrontera Inc., federal district court case 1:18-cv-10568.
• Allegations exist: DUSA brings patent infringement claims against Biofrontera.
• Missing specifics prevent analysis: The provided record does not include asserted patents, asserted claims, accused products, infringement theories, or case outcomes, so no claim-level validity/infringement or likelihood-of-success analysis can be performed.

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FAQs

1) What is the docket number for this case?

1:18-cv-10568.

2) Who are the parties?

DUSA Pharmaceuticals, Inc. (plaintiff) and Biofrontera Inc. (defendant).

3) What court is handling the matter?

The U.S. District Court for the District of Massachusetts.

4) Which patents are at issue?

Not stated in the available record provided here.

5) What is the likely outcome or settlement status?

Not stated in the available record provided here.

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References (APA)

[1] DUSA Pharmaceuticals, Inc. v. Biofrontera Inc., No. 1:18-cv-10568 (D. Mass.).