Newly Asserted Patents Pre-Date Milestone and Revenue Payments
Warren, NJ (October 26, 2011) – MonoSol Rx, LLC (“MonoSol Rx”), the developer of PharmFilm® drug delivery technology, today announced that it has filed a second amended complaint in its litigation against BioDelivery Sciences International, Inc. (NASDAQ: BDSI; “BDSI”), and its development partners MEDA Pharmaceuticals Inc. (“MEDA”), and Aveva Drug Delivery Systems, Inc. (“Aveva”).
The second amended complaint, filed September 26, 2011, asserts that the manufacture, marketing, and sale of Onsolis™ infringe U.S. Patent Nos. 7,357,891 and No. 7,425,292, both of which cover specific methods of preparing drug-containing films. Importantly, the U.S. Patent and Trademark Office issued these newly asserted patents prior to BDSI’s recognition of $60 MM+ revenue from MEDA for Onsolis™. By asserting these earlier patents in its amended complaint, MonoSol Rx intends to seek additional damages relating to the $60MM+ payments received by BDSI. The case is pending in the U.S. District Court for the District of New Jersey.
MonoSol Rx filed its initial patent infringement claim against the defendants in November 2010, relating to U.S. Patent No. 7,824,588. In January 2011, MonoSol Rx filed a first amended complaint, which included a false marking claim with respect to Onsolis™ and U.S. Patent No. 5,800,832.
About MonoSol Rx
MonoSol Rx is a specialty pharmaceutical company leveraging its proprietary PharmFilm® technology to deliver drugs in films. PharmFilm® is designed to benefit patients by improving the convenience, efficacy, and compliance of new and currently marketed drugs. The Company’s leadership in film drug delivery is supported by strong intellectual property, a portfolio of commercialized prescription drug products, a pipeline of prescription formulations based on PharmFilm® technology, and two recent FDA approvals – Zuplenz®, the first approved prescription oral soluble film containing ondansetron for the prevention of chemotherapy-induced, radiotherapy-induced, and postoperative nausea and vomiting, and Suboxone® sublingual film, the first combination sublingual film product containing buprenorphine and naloxone for the treatment of opioid dependence.