Board Requires Settlement Agreement to Dismiss Pre-Institution Proceeding, PTAB Litigation Blog

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Biofrontera AG (“Petitioner”) filed an unopposed motion to dismiss the petition during the preliminary phase of the proceedings.  Here, DUSA Pharmaceuticals, Inc. (“Patent Owner”) had not yet filed a Preliminary Response, and the Board has not issued a decision on whether to institute trial.  But because Petitioner did not file the parties’ recent settlement agreement (which resolved, among other things, the parties’ instant dispute regarding the challenged patent) with its motion, the Board dismissed the motion without prejudice to refile with the settlement agreement.

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