Court Grants Motion for Summary Judgment Regarding Intervening Rights Following Ex Parte Reexamination

September 29, 2015 – On September 25, 2015, District Judge Freda Wolfson granted defendants Biodelivery Sciences, International, Inc., Meda Pharmaceuticals Inc. and Aveva Drug Delivery Systems, Inc.’s (collectively, “Defendants”) motion for summary judgment asserting the defense of intervening rights.  The patents at issue, U.S. Patent Nos. 7,425,292 (“Thin film with non-self-aggregating uniform heterogeneity and drug delivery systems made therefrom”) and 7,357,891 (“Process for making an ingestible film”) are owned by Monosol RX, LLC and are directed to drug delivery systems.  Following a reexamination, the district court found that, based upon amendments made to the asserted independent claims during reexamination, the Defendants were entitled to absolute intervening rights and were not liable for infringement prior to the issuance of reexamination certificates for the asserted patents.

The case is docketed as Case Nos. 10-5695-FLW/DEA in the District of New Jersey.

By: Ketan V. Patel

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