Biofrontera Wins Patent Case, Sun Pharma Patent Ruled Unpatentable
Biofrontera announced that on February 23, 2026, the U.S. Patent Trial and Appeal Board issued a Final Written Decision finding all challenged claims of Sun Pharmaceutical Industries, Inc.'s U.S. Patent No. 11,697,028 to be unpatentable. As previously disclosed in Biofrontera's filings with the Securities and Exchange Commission, in June 2024, Sun Pharma initiated proceedings against Biofrontera and certain of its affiliates in the U.S. District Court for the District of Massachusetts and the International Trade Commission alleging infringement of the '028 Patent and a related patent, U.S. Patent No. 11,446,512. In response to these proceedings, Biofrontera challenged the validity of Sun Pharma's asserted claims by filing petitions for Inter Partes Review with the Board. The Board has now agreed with Biofrontera on all challenged claims of the '028 Patent. Sun Pharma has the right to request a review of the decision or appeal it to the United States Court of Appeals for the Federal Circuit. The decision does not affect the petition filed by the Company relating to the '512 patent, which was denied review by the Patent Office on administrative, rather than substantive, grounds. "Biofrontera is pleased with the Board's Final Written Decision.," commented 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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- Patent Review Outcome: On February 23, 2026, the U.S. Patent Trial and Appeal Board ruled that all challenged claims of Sun Pharmaceutical Industries' '028 Patent are unpatentable, providing Biofrontera with legal support in the photodynamic therapy market.
- Litigation Background: Following Sun Pharma's infringement lawsuit against Biofrontera in June 2024, the company proactively challenged the patent's validity, leading to a favorable decision that strengthens its position.
- Future Development Focus: Biofrontera's CEO Hermann Luebbert stated that the company will continue to concentrate on clinical research and development in the PDT space, aiming to enhance treatment outcomes for clinicians and improve patients' quality of life.
- Product Commercialization: Biofrontera specializes in dermatological treatments, commercializing Ameluz® with the RhodoLED® lamp series for treating actinic keratosis, with future plans to expand into non-melanoma skin cancers and moderate-to-severe acne treatments.
- Research Milestone: Biofrontera locked the database for its Phase 1 pharmacokinetics study evaluating Ameluz® on February 11, 2026, which assessed systemic exposure to 5-aminolevulinic acid (ALA) and its metabolite protoporphyrin IX (PpIX) under maximal use conditions, marking a significant advancement in the company's clinical program.
- Clinical Data Support: The study involved 17 patients and measured plasma concentrations of ALA and PpIX after applying three tubes of Ameluz® over a 240 cm² treatment area, with the data intended to support a supplemental New Drug Application (sNDA) to the FDA for label expansion.
- Label Expansion Plan: The sNDA, expected to be submitted in Q3 2026, aims to extend Ameluz®'s indication from a 60 cm² treatment area on the face and scalp to 240 cm² on other body parts, which, if approved, would significantly enhance Ameluz®'s market potential for treating extensive actinic keratosis.
- Market Opportunity: With approximately 58 million people affected by actinic keratosis in the U.S. in 2020, Biofrontera's expansion plans not only address this substantial market demand but also strengthen its competitive position in the photodynamic therapy sector.

- Supplemental Indication: A new supplemental indication for the treatment of extremities, neck, and trunk is expected to be submitted in Q3 2026.
- Focus on Extremities: The indication aims to address specific medical needs related to extremities, neck, and trunk conditions.

Announcement of Study: BioFrontier AI has announced a study focusing on the pharmacokinetics of a Phase 1 drug, specifically a formulation for Actinic Keratosis.
Target Condition: The study aims to evaluate the drug's effectiveness on trunk and extremities affected by Actinic Keratosis.
- FDA Acceptance Milestone: Biofrontera's supplemental New Drug Application (sNDA) for Ameluz® has been accepted by the FDA, with a target action date set for September 28, 2026; if approved, Ameluz® will be the first and only PDT photosensitizer indicated for superficial Basal Cell Carcinoma (sBCC) in the U.S., significantly expanding its clinical utility.
- Significant Market Opportunity: With approximately 3.6 million cases of basal cell carcinoma diagnosed annually in the U.S., and 10-25% being superficial subtype, the non-invasive treatment option provided by Ameluz® is expected to meet patient demand for safer alternatives, potentially increasing market share substantially.
- Technological Edge: The combination of Ameluz® with the RhodoLED® red-light lamp utilizes nanoemulsion technology to penetrate deeper into skin layers, offering more effective treatment compared to traditional green and blue wavelengths, thereby validating Biofrontera's technological prowess in photodynamic therapy.
- Strategic Growth Focus: CEO Dr. Hermann Luebbert emphasized that the FDA's acknowledgment of no filing deficiencies reflects the strength of their data package, marking a strategic expansion in dermatology aimed at addressing significant unmet medical needs through innovative treatment solutions.
- Announcement of Date: The BioFrontier AI has set a date for the upcoming event on September 28, 2026.
- Event Significance: This date marks a significant milestone for the organization and its initiatives in the field of artificial intelligence.




