About a year ago, Baker, Donelson, Bearman, Caldwell & Berkowitz partner Robert Brazier settled patent-infringement litigation that had been filed against his client, River’s Edge Pharmaceuticals LLC. Now, Brazier said he has negotiated a new marketing deal for his client.
River’s Edge in August signed a non-exclusive patent license agreement with DUSA Pharmaceuticals Inc., which allows the Suwanee, Ga., company to manufacture and market a prescription product similar to DUSA’s Nicomide acme medication. In exchange, DUSA will receive a share of the sales of the River’s Edge product, according to a regulatory filing made by DUSA. Reed Smith advised DUSA on the patent license agreement.
In conjunction with its patent license agreement with River’s Edge, Wilmington, Mass.-based DUSA announced that it was exploring options to sell Nicomide and its related patent. Nicomide is available in cream, gel and tablet form.
The patent license agreement came after DUSA had sued River’s Edge, claiming that the company had infringed its Nicomide patent. That suit was settled in October 2007. Brazier and Baker Donelson of counsel Joshua Tropper represented River’s Edge in the litigation.
In separate litigation, Graceway Pharmaceuticals LLC filed a suit against River’s Edge in March, claiming false advertising. Graceway argued that River’s Edge falsely promotes its benzoyl peroxide gel products as being “generically equivalent” to its own Benziq acne medication, according to a news release. That case, in U.S. District Court for the Northern District of Georgia, is ongoing. Brazier and Tropper are representing River’s Edge in that litigation. Arnall Golden Gregory partners Andrew Flake and Clark Sullivan are representing Graceway.