BioDelivery Sciences (BDSI) Gets Favorable Outcome in Patent Dispute with MonoSol
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The United States Patent & Trademark Office (USPTO) has notified BioDelivery Sciences International, Inc. (Nasdaq: 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.
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.
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.
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