Litigation

Biofrontera AG v. Sun Pharmaceutical Industries Inc.

Institution Denied

IPR2024-00874

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Court: Patent Trial and Appeal Board
Filed: 2024-04-30
Terminated: 2024-11-12

Patents at issue (1)

11697028 PTAB settled/terminated

Plaintiffs (1)

π Biofrontera AG

Defendants (1)

Δ Sun Pharmaceutical Industries Inc.

Summary

Biofrontera AG filed an Inter Partes Review (IPR) against Sun Pharmaceutical Industries Inc. concerning patent 11697028, but institution of the review was denied.

Case overview & background

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Key legal developments & outcome

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Plaintiff representatives

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Defendant representatives

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Record id: 11697028-ipr2024-00874 · edit in Admin

Further reading

How to obtain a patent
The USPTO process takes 2-3 years and costs $10,000-$15,000. The patent that comes out the other end is only as valuable as your willingness to spend much more enforcing it.
KSR International v. Teleflex (2007)
Pre-KSR, an obviousness rejection required explicit teaching, suggestion, or motivation in the prior art. Post-KSR, common sense, design needs, and predictable variations all do the work — and most patents don't survive.
What patent litigation actually costs (AIPLA Economic Survey)
It costs a few hundred dollars to file a patent complaint and a median of $1.5M-$3.2M to defend one through trial. That gap isn't a side effect of patent litigation — for a troll, it is the entire business model.
Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. (2002)
Narrow your claim during prosecution and you presumptively give up the equivalents in between. The presumption is rebuttable, but in practice the prosecution history is a defendant's gold mine.
Non-Practicing Entity (NPE) lawsuit defense: a defendant's playbook
Defending an NPE suit is different from defending a competitor's suit. The asymmetries cut both ways — and the right plays exploit the ones that favor the defendant.

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