Benzinga | Dec 20, 2021 04:28PM EST

BioDelivery Sciences Reports US District Court Issued Opinion In Favor Of Co. In Patent Litigation Against Alvogen

BioDelivery Sciences International, Inc. (NASDAQ:BDSI), a growing specialty pharmaceutical company dedicated to patients living with serious and complex chronic conditions, today announced that the U.S. District Court of Delaware has issued an opinion in favor of BDSI in the company's patent litigation against Alvogen Group, Inc. and its affiliates, who filed an Abbreviated New Drug Application (ANDA) for BDSI's BELBUCA(r) product on May 23, 2018. The opinion by the trial judge upholds the validity of claims in BDSI's patents 8,147,866 (the '866 patent), which expires in 2027, and 9,901,539 (the '539 patent), which expires in 2032. Alvogen conceded infringement of these claims. Accordingly, BDSI expects market exclusivity of BELBUCA against Alvogen until 2032.

"We are pleased with the Court's decision and look forward to continuously supplying BELBUCA to chronic pain patients," stated Jeff Bailey, CEO of BDSI. "We would like to thank our shareholders for their support during the lengthy litigation period. With the removal of this legal overhang, we will continue to focus on business development and creating additional shareholder value."

Dechert LLP was the lead counsel representing BDSI.