`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`BIOFRONTERA INCORPORATED,
`
`BIOFRONTERA BIOSCIENCE GMBH,
`
`BIOFRONTERA PHARMA GMBH,
`
`AND
`
`BIOFRONTERA AG
`
`Petitioner
`
`v.
`
`DUSA PHARMACEUTICALS, INC.
`
`Patent Owner
`__________________
`
`
`Inter Partes Review No. IPR2022-00056
`U.S. Patent No. 10,357,567
`
`
`
`
`
`
`
`
`
`
`
`
`JOINT REQUEST THAT SETTLEMENT AGREEMENT BE TREATED
`AS BUSINESS CONFIDENTIAL INFORMATION AND BE KEPT
`SEPARATE PURSUANT TO 35 U.S.C. § 317(b) AND 37 C.F.R. § 42.74(c)
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313–1450
`
`
`
`
`
`10,357,567
`IPR2022-00056
`
`Pursuant to 35 U.S.C. § 317(b) and 37 C.F.R. § 42.74(c), Petitioner
`
`Biofrontera Incorporated, Biofrontera Bioscience GmbH, Biofrontera Pharma
`
`GmbH, and Biofrontera AG
`
`(“Biofrontera”) and Patent Owner DUSA
`
`Pharmaceuticals, Inc. (“DUSA”) jointly request to file the Settlement Agreement
`
`(Ex. 1101) between the parties, as referenced in the Renewed Unopposed Motion To
`
`Dismiss Petition For Inter Partes Review, as business confidential information,
`
`which shall be kept separate from the file of the patent at issue, and only made
`
`available to Federal Government agencies upon written request..
`
`The requested relief is appropriate because the terms of the Settlement
`
`Agreement are confidential business information and require Patent Owner and
`
`Petitioner to treat the Settlement Agreement as confidential information and limit
`
`their respective abilities to share the Settlement Agreement with or disclose its
`
`contents to third parties. Patent Owner and Petitioner have filed a copy of the
`
`Settlement Agreement (Ex. 1101) with the Board, as required by 35 U.S.C. § 317(b)
`
`and 37 C.F.R. § 42.74. The confidential Settlement Agreement was filed in the
`
`PTAB E2E system to provide availability only to the Board.
`
`
`
`Dated: January 18, 2022
`
`Respectfully submitted,
`
`
`By: /Lauren L. Fornarotto/
`Lauren L. Fornarotto, Reg. No. 76,470
`Counsel for Petitioner
`
`2
`
`
`
`
`
`
`
`10,357,567
`IPR2022-00056
`
`
`
`By: /Andrew B. Patrick/
`Andrew B. Patrick, Reg. No. 63,471
`Counsel for Patent Owner
`
`
`
`
`
`
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`I certify that on January 18, 2022, I will cause a copy of the foregoing
`
`10,357,567
`IPR2022-00056
`
`
`document, including any exhibits referred to therein, to be served via electronic mail,
`
`as previously consented to by Patent Owner, upon the following:
`
`W. Karl Renner
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Email: IPR46697-0005IP1@fr.com
`
`Heather L. Flanagan
`Andrew B. Patrick
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`PTABInbound@fr.com
`axf-ptab@fr.com
`patrick@fr.com
`flanagan@fr.com
`
`Dated: January 18, 2022
`
`
`
`By: /Lauren L. Fornarotto/
`Lauren L. Fornarotto
`Reg. No. 76,470
`
`
`
`
`
`4
`
`
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