USPTO Rejects All Claims in Final Patent Further Supports BioDelivery Sciences' Position
07-Mar-2012
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RALEIGH, N.C. - The United States Patent and Trademark Office (USPTO) has notified BioDelivery Sciences International Inc. (BDSI) that the USPTO has rejected all claims by MonoSol Rx, LLC (MonoSol) in its US Patent No. 7,357,891 (the '891 Patent) which is currently being asserted against BDSI and its commercial partners for ONSOLIS, a press release by BDSI stated.
In doing so, the USPTO has now rejected all claims in all three of the patents asserted against BDSI by MonoSol (the '891 Patent as well as two others, known as the '588 and '292 patents). This action represents an additional positive development in BDSI's defense of what it has consistently asserted were meritless claims by MonoSol.
BDSI filed for ex parte reexamination of the '891 patent in January of this year. While it is typical of the USPTO to grant reexamination requests, the rejection of all claims in multiple patents (in this case three totaling 222 claims) is very unusual. The action by the USPTO is further support of BDSI's position that the patents MonoSol has asserted against BDSI are invalid and unenforceable and that the case is without merit.
BDSI will continue its aggressive defense of this matter to what BDSI believes will be a positive resolution for the company.
BioDelivery Sciences International is a specialty pharmaceutical company that is leveraging its novel and proprietary patented drug delivery technologies to develop and commercialize, either on its own or in partnerships with third parties, new applications of proven therapeutics.