Last Updated: August 3, 2026

Litigation Details for MONOSOL RX, LLC v. BIODELIVERY SCIENCES INTERNATIONAL, INC. (D. Del. 2017)


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MONOSOL RX, LLC v. BIODELIVERY SCIENCES INTERNATIONAL, INC. (D. Del. 2017)

Docket 1:17-cv-01307 Date Filed 2017-09-14
Court District Court, D. Delaware Date Terminated 2018-10-30
Cause 28:1338 Patent Infringement Assigned To Mitchell S. Goldberg
Jury Demand Plaintiff Referred To
Patents 8,765,167
Link to Docket External link to docket
Small Molecule Drugs cited in MONOSOL RX, LLC v. BIODELIVERY SCIENCES INTERNATIONAL, INC.
The small molecule drugs covered by the patent cited in this case are ⤷  Start Trial , ⤷  Start Trial , and ⤷  Start Trial .

Details for MONOSOL RX, LLC v. BIODELIVERY SCIENCES INTERNATIONAL, INC. (D. Del. 2017)

Date Filed Document No. Description Snippet Link To Document
2017-09-14 External link to document
2017-09-14 1 of United States Patent No. 8,765,167 (the ’167 patent), arising under the Patent Laws of the United…inter partes review (“IPR”) of the ’167 patent with the Patent Trial and Appeal Board (“PTAB”). In particular… ’167 patent, BDSI has willfully launched BELBUCA, a new product that infringes the ’167 patent. In this…over 150 patents and several FDA approvals. 15. On July 1, 2014, the ’167 patent, entitled…Laura Moss. That patent was assigned to MonoSol. A true and correct copy of the ’167 patent is attached External link to document
>Date Filed >Document No. >Description >Snippet >Link To Document

Litigation Summary and Analysis: MONOSOL RX, LLC v. BioDelivery Sciences International, Inc. (1:17-cv-01307)

Last updated: June 10, 2026

Executive summary

  • Case: MONOSOL RX, LLC v. BioDelivery Sciences International, Inc.
  • Court / docket: U.S. District Court, case number 1:17-cv-01307 (filed 2017).
  • Outcome and current posture: Not provided in the available record.
  • Patent and claims at issue: Not provided in the available record.
  • Parties and asserted IP scope: Not provided in the available record.

What does MONOSOL RX, LLC v. BioDelivery Sciences International, Inc. (1:17-cv-01307) allege?

Quick answer: The allegations, asserted patents, and claim theories are not present in the provided information.

What products and patents typically drive these disputes?

In the absence of case-specific filings, the typical drivers in this drug-delivery segment are:

  • Orange Book patent disputes tied to drug product approval and labeling
  • Formulation or manufacturing method patents covering delivery systems
  • Method-of-use patents covering therapeutic regimens
  • Declaratory judgment posture (non-infringement/invalidity) or injunctive relief seeking to stop marketing

No case-specific mapping can be produced without the complaint, answer, or court orders.

Which patents are asserted in MONOSOL RX v. BioDelivery Sciences (1:17-cv-01307)?

Quick answer: No asserted patent numbers can be stated from the available record.

How to interpret the asserted-patent set in this class of litigation

When parties sue in the same delivery-technology space, the usual buckets are:

  • Drug product formulation patents (polymer matrix, release profile, encapsulation)
  • Dose form / delivery device patents (granules, tablets, coatings, films)
  • Process patents (mixing, drying, particle size control, sterility/handling)
  • Method-of-use patents (indications, dosing schedules)

But the MONOSOL RX v. BioDelivery Sciences International complaint content is not available here, so no accurate patent list can be reported.

What is the litigation timeline for 1:17-cv-01307?

Quick answer: Filing, procedural milestones, and claim-construction or summary judgment dates are not available in the provided information.

What milestones matter for a patent-estate risk view

For investors, licensing teams, and counsel, the timing questions that govern business decisions are:

  • complaint filing date
  • amended complaint date(s)
  • any Markman (claim construction) schedule
  • motions to dismiss, to compel, summary judgment
  • trial date setting or settlement-related dismissals
  • appeal events and mandate timing

No such milestones are included in the supplied record.

Where is MONOSOL RX v. BioDelivery Sciences litigated, and what procedure governs?

Quick answer: The case is a federal action in U.S. District Court under docket 1:17-cv-01307. No procedural posture details (e.g., posture at dismissal, claim status, or whether it is stayed) are available in the provided record.

What procedure usually impacts exclusivity and market-entry leverage

Key procedure factors:

  • whether the suit is tied to an Hatch-Waxman mechanism (for ANDA-related disputes)
  • whether it targets importation, commercial sales, or manufacturing
  • whether there is a standstill pending FDA action
  • whether discovery focus is on infringement models and manufacturing evidence

Case-specific answers require the docket text and orders.

How strong is the MONOSOL RX infringement position versus BioDelivery Sciences defenses?

Quick answer: No infringement/invalidity analysis can be computed because no asserted claims, claim constructions, or court findings are provided.

What strong infringement usually requires (framework)

Business-grade strength analysis normally maps:

  • accused product composition vs. each claim element
  • experimental evidence (release profile, particle size, polymer composition)
  • manufacturing records and expert declarations
  • non-public samples and testing protocols
  • prosecution-history constraints (estoppel, disclaimer)

None of these inputs are present in the available record.

What strong invalidity defenses typically look like (framework)

  • prior art anticipation or obviousness
  • lack of written description
  • indefiniteness
  • enablement issues
  • prosecution-history estoppel
  • subject matter eligibility (as applicable)

No invalidity theories are available here.

What is the status of claims and remedies in MONOSOL RX v. BioDelivery Sciences (1:17-cv-01307)?

Quick answer: Injunctive relief status, damages posture, and any disposition (dismissal, summary judgment, settlement) are not provided.

Remedies that change market impact

In these cases, the commercial impact depends on:

  • whether the court granted an injunction
  • whether the court stayed sales rather than blocked import
  • whether a damages award was entered
  • whether the case ended with a covenant-not-to-sue or settlement dismissal

No remedy information is present in the available record.

Did the parties reach a settlement in 1:17-cv-01307?

Quick answer: Settlement terms and whether a settlement occurred are not present in the provided information.

Settlement structures that matter for exclusivity and generic entry

Common settlement outcomes include:

  • dismissal with prejudice after licensing
  • covenant-not-to-sue tied to launch dates
  • royalty-bearing license
  • stipulated judgment of non-infringement or invalidity
  • supply and distribution restrictions

No case-specific outcome can be stated.

Is this dispute tied to FDA filings, ANDA, or Orange Book listings?

Quick answer: No drug approval pathway, Orange Book listing, or FDA submission linkage is included in the provided record.

Why FDA linkage matters

When a patent dispute is FDA-driven, it affects:

  • launch timing for generic and branded competitors
  • exclusivity (5-year, 3-year, pediatric, 505(b)(2) exclusivity)
  • Orange Book listing maintenance
  • litigation leverage during 180-day exclusivity periods

No linkage details can be extracted without docket filings and FDA context.

Does MONOSOL RX v. BioDelivery Sciences create biosimilar or generic entry risk?

Quick answer: No basis exists to identify generic or biosimilar entry risk in this case from the provided record.

Generic-entry risk factors typically evaluated

  • remaining unexpired patent term(s)
  • likelihood of injunction versus post-launch damages exposure
  • probability of Paragraph IV success (if ANDA-driven)
  • settlement offsets (launch carve-outs or royalty structures)

None can be assessed without asserted patents and case outcomes.

What does the case imply for BioDelivery Sciences’ patent estate strength?

Quick answer: No patent estate conclusions are possible without the asserted patent set and litigated claim constructions/outcomes.

How to interpret a win or loss in these disputes (decision logic)

  • A strong plaintiff win often validates claim scope and narrows design-around options.
  • A defendant win can signal either prior art coverage or claim invalidity.
  • Settlement often indicates risk balancing and can define practical scope even without a merits ruling.

No merits or settlement facts are provided.

Side-by-side: what would matter for MONOSOL RX vs. BioDelivery Sciences if you were assessing licensing value?

Quick answer: No case-specific facts are provided to populate this table.

Category MONOSOL RX position BioDelivery Sciences position Business impact
Asserted IP (patent numbers) Not provided Not provided Determines design-around and remaining term
Claim scope / construction Not provided Not provided Determines infringement risk
Infringement evidence Not provided Not provided Drives licensing leverage
Invalidity evidence Not provided Not provided Drives settlement economics
Status / ruling Not provided Not provided Determines launch timing and injunction risk
Settlement terms Not provided Not provided Establishes royalty and future freedom-to-operate

Key Takeaways

  • No litigation analysis can be completed from the supplied information: asserted patents, allegations, procedural milestones, merits rulings, and settlement posture are not present.
  • No Orange Book/FDA linkage or entry-risk mapping can be performed without the docket record and case documents.

FAQs

  1. What patents were asserted in MONOSOL RX, LLC v. BioDelivery Sciences International, Inc. (1:17-cv-01307)?
    Not provided in the available record.

  2. Did the court issue a claim construction (Markman) order in 1:17-cv-01307?
    Not provided in the available record.

  3. Was there an injunction, summary judgment, or final judgment in 1:17-cv-01307?
    Not provided in the available record.

  4. Is the case connected to an ANDA/505(b)(2) approval or Orange Book listing?
    Not provided in the available record.

  5. Were generic or competitor launches addressed via settlement in 1:17-cv-01307?
    Not provided in the available record.

References (APA)

No sources were provided in the available record for citation.

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