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BioDelivery Sciences Reaffirms Its Strengthened Position Following Reexamination Of MonoSol Patents

RALEIGH, N.C., Oct. 18, 2012 /PRNewswire/ -- BioDelivery Sciences International, Inc. (Nasdaq: BDSI) today reaffirmed its continued strong position and ongoing progress made in its defense of a process patent infringement lawsuit previously served against BDSI and its partners for ONSOLIS, by MonoSolRx, LLC (MonoSol).  BDSI reaffirms that its products and technologies do not infringe on MonoSol's original patents, and BDSI believes that its position in this matter has only been strengthened by the recent actions of the U.S. Patent Office that significantly narrow or fully reject the claims in MonoSol's patents. 

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As expected, in Ex Parte Reexamination proceedings before the U.S. Patent Office brought by BDSI relating to two of MonoSol's patents in the case (US Patent No. 7,357,891 ('891 Patent) and US Patent No. 7,425,292 ('292 Patent)), MonoSol amended the associated claims several times and made multiple declarations and arguments in an attempt to overcome the rejections made by the U.S. Patent Office.  Through the proceedings, MonoSol was forced to significantly narrow its claims in order to obtain allowance, demonstrating that the original claims were invalid.  These claim amendments, as well as declarations and other statements regarding the claim language, have significantly narrowed the scope of their patents. 

Regarding MonoSol's third patent in this case, US 7,824,588, the reexamination brought by BDSI continues, and to date, all 191 claims have now twice been rejected by the U.S. Patent Office, including most recently in an Action Closing Prosecution.  BDSI expects a notice to be issued by the U.S. Patent Office concluding the reexamination in the next few months. 

BDSI remains confident in its position and intends to continue its aggressive defense of this matter.  In the meantime, BDSI remains focused on developing its pipeline of promising products utilizing its patent protected BioErodible MucoAdhesive (BEMA) technology to bring to market important new products, including BEMA Buprenorphine for chronic pain and BEMA Buprenorphine/Naloxone (BNX) for the treatment of opioid dependence.   

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