Patent News | "Raleigh company wins patent round"


Shares of BioDelivery Sciences rose Monday after the Raleigh company reported that the U.S. Patent Office rejected a patent infringement claim against the company.

BioDelivery reported that the U.S. Patent & Trademark Office has rejected all 191 claims by MonoSol RX that the manufacturing process for BioDelivery's oral pain patch for cancer patients, Onsolis, infringed on MonoSol patent No. 7,824,588. However, the ruling didn't deal with all the claims Indiana-based MonoSol made.

"This is a very significant and positive development for BDSI and its commercial partners involved in this case," CEO Mark Sirgo said in a prepared statement. "We intend to continue to aggressively pursue whatever actions are necessary to defend our position and expect that all of MonoSol's claims will ultimately be defeated."

MonoSol sued BioDelivery for patent infringement in federal court in New Jersey in November 2010, seeking unspecified damages and an injunction barring future infringement of MonoSol patents. BioDelivery maintained that it is not infringing on MonoSol's patent and contended that the company's patent is invalid.
In September, MonoSol amended its complaint to include two additional patents, which BioDelivery also maintains it is not infringing.