Del. Judge Upholds Claims In Opioid Drug IP But Axes Others

By Britain Eakin (December 20, 2021, 5:32 PM EST) -- A Delaware federal judge on Monday upheld claims in two patents that BioDelivery Sciences International Inc. accused Alvogen PB Research and Development LLC of infringing with a planned generic of the opioid pain medication Belbuca, but invalidated claims in a third.

Alvogen had already stipulated to infringement, so the only issue before Chief U.S. District Judge Colm F. Connolly was whether the patents were invalid. After weighing Alvogen's invalidity arguments, Judge Connolly upheld both asserted claims of BioDelivery's U.S. Patent No. 9,901,539 and two of four asserted claims in U.S. Patent No. 8,147,866, but found all three asserted claims of U.S....

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