The United States Patent & Trademark Office (USPTO) has informed BioDelivery Sciences International, Inc. (Nasdaq: BDSI) that it has rejected all claims by MonoSol Rx, LLC (MonoSol) in its US Patent No. 7,425,292 (the '292 Patent) which is currently being asserted against BDSI and its commercial partners for ONSOLIS. The action by the USPTO represents an additional positive development for BDSI in its case with MonoSol.
MonoSol filed a patent infringement lawsuit against BDSI in November 2010 based on MonoSol's '588 Patent. Following BDSI's request for a reexamination of this patent, the USPTO in November of last year rejected all 191 claims. In September 2011, MonoSol added two additional patents (the '292 Patent and the '891 Patent) to its case against BDSI. In its action, MonoSol claimed that BDSI's confidential, proprietary manufacturing process for ONSOLIS infringes on the thin film manufacturing process claimed in its '588 Patent, and subsequently, its '292 and '891 Patents.
The current action presently taken by the USPTO rejects all 22 claims of MonoSol's '292 Patent. In doing so, the USPTO has now rejected all claims in two ('588 and '292) of the three patents asserted against BDSI. Reexamination of the third MonoSol patent ('891), which is part of the same family of patents, has also been requested and an outcome is expected shortly.
SOURCE BioDelivery Sciences International, Inc.