Aveva Drug Delivery Systems Inc., BioDelivery, MonoSol Rx, Meda neurology, drug delivery news
The U.S. District Court for the District of New Jersey granted BioDelivery's motion to stay proceedings in MonoSol's patent infringement suit against Aveva, BioDelivery and Meda, pending the resolution of the U.S. Patent and Trademark Office's reexamination of the three patents at the center of the dispute. MonoSol is alleging that the defendants' manufacture and marketing of Onsolis BEMA fentanyl infringes U.S. Patent Nos. 7,824,588, 7,425,292 and 7,357,891, covering methods of preparing drug-containing films. Last October, BioDelivery requested reexamination of the three patents. Last November, the PTO granted a reexamination of the '588 patent, along with a non-final action rejecting all claims of the patent. In February and March, the PTO respectively granted reexamination and rejected all claims in a non-final action for both the '292 and '891 patents. In its order, the court states that a stay will simplify the issues in question without unduly prejudicing MonoSol (see BioCentury, Oct. 31, 2011; Feb. 27, 2012; March 5, 2012 & March 12, 2012).
MonoSol filed the suit in 2010 based on the '588 patent and last September added the '292 and '891 patents to the suit (see BioCentury, Dec. 5, 2011). ...