On June 30, 2015, the USPTO’s Patent Trial and Appeal Board (“Board”) issued a final written determination in an inter partes review regarding a petition filed by BioDelivery Sciences International, Inc. (“Petitioner”) over the patentability of claims 15-19 recited in U.S. Patent No. 8,475,832 (“the ‘832 Patent”). The ‘832 Patent, which issued on July 2, 2013, is owned by RB Pharmaceuticals Limited and is drawn to sublingual and buccal film compositions. In the decision, the Board determined that the Petitioner has shown, by a preponderance of the evidence, that WO 2008/040534 (“Labtec”) anticipates claims 15-19, and that a combination of Labtec, US Patent Application Publication No. 2005/0085440 (“Birch”), and US Patent No. 7,357,891 (“Yang”) render claims 15-19 obvious. The inter partes review remains pending at the Board and is captioned IPR2014-00325.
By: Jacqueline A. DiRamio