BDSI - BioDelivery Sciences lower as Alvogen plans to challenge court ruling on pain killer

BioDelivery Sciences International (NASDAQ:BDSI) has slipped ~0.6% in the pre-market on below-average volume after Alvogen said that it would challenge a recent court ruling that upheld the validity of two patents linked to BDSI’s painkiller BELBUCA. The decision of the U.S. District Court of Delaware announced on Monday prevents Alvogen from selling a generic version of BELBUCA for a decade. However, the company said that it was pleased Judge Colm Connolly invalidated sections of the 2027 patent and claims of a second patent expiring in 2027. “We intend to maintain our invalidity challenge and will appeal the ruling with respect to the remain claims,” Bloomberg reported quoting an email response from the company. Noting that Alvogen had conceded the infringement of claims related to two patents expiring in 2027 and 2032, BioDelivery Sciences (BDSI) argued that it could hold market exclusivity for BELBUCA against Alvogen until 2032.

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BioDelivery Sciences lower as Alvogen plans to challenge court ruling on pain killer