直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • News
  • Finnegan Facts
  • History
    • Finnegan VISION
    • Finnegan FORWARD
  • Pro Bono
  • Management
    • Pricing & Alternative Fee Arrangements
    • AFA Models We Offer
    • Contingency Fees
    • AI + KM

Press Release

Finnegan Victory for BioDelivery Sciences International in ANDA Case Affirmed

December 29, 2022

FOR IMMEDIATE RELEASE
December 29, 2022

WASHINGTON, DC—The Federal Circuit affirmed a victory for Finnegan on behalf of client BioDelivery Sciences International (BDSI) in a Hatch-Waxman Abbreviated New Drug Application (ANDA) patent infringement case against Alvogen. The case was on appeal from the U.S. District Court for the District of Delaware before Chief Judge Colm Connolly. The case involved Alvogen’s attempt to market generic copies of BDSI’s highly successful Belbuca© buprenorphine buccal film product, a unique opioid that is used to manage severe pain. Belbuca© is BDSI’s backbone product with sales of over $100 million per year.

Following a three-day bench trial in March 2021, Judge Connolly ruled that Alvogen failed to prove by clear and convincing evidence that claims 4 and 5 of U.S. Patent No. 8,147,866 and claims 9 and 20 of U.S. Patent 9,901,539—to which Alvogen stipulated to infringement—were invalid for obviousness or anticipation.

The ruling, which prohibited the sale of Alvogen’s generic buprenorphine buccal film product until after the ’539 patent expires, in 2032, was favorable to BDSI. On appeal, the Federal Circuit affirmed Judge Connolly’s ruling on the ’866 and ’539 patents, thereby preserving this expressive win.

Contacts: 

Erika H. Arner, Managing Partner
erika.arner@finnegan.com

Anand K. Sharma, Chair
anand.sharma@finnegan.com


About Finnegan

Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is one of the largest IP law firms in the world. From offices in Atlanta, Boston, London, Munich, Palo Alto, Reston, Seoul, Shanghai, Taipei, Tokyo, and Washington, DC, the firm practices all aspects of patent, trademark, and copyright law, including counseling, prosecution, licensing, and litigation. Finnegan also represents clients on IP issues related to advertising, trade secret law, European patents and trade marks, international trade, portfolio management, the Internet, e-commerce, government contracts, antitrust, and unfair competition. For additional information on the firm, please visit www.finnegan.com and follow us on LinkedIn.

Related Practices

Global IP Enforcement, Litigation, and Trials

Branded Hatch-Waxman (ANDA) Litigation and Trials

Related Industries

Life Sciences

Pharmaceutical

Related Offices

Palo Alto, CA

Reston, VA

Washington, DC

Related Professionals

Justin J. Hasford
Partner
Washington, DC
+1 202 408 4175
Email
Daniel G. Chung
Partner
Washington, DC
+1 202 408 4355
Email

Related News

Commentary

New Appellate Opinion in Amazon Biometric Data Case May Signal ‘Narrowing’ Scope of BIPA Litigation, Experts Say

May 20, 2026

Award/Ranking

Finnegan Partner Antje Brambrink Shortlisted for Women in Business Law EMEA Award

May 13, 2026

Press Release

Finnegan Secures Decisive ITC Victory for Innoscience in Final Determination

May 11, 2026

Commentary

ITC Bars Import of Innoscience Chips Made Before Redesign

May 8, 2026

Commentary

How Litigation Funding Disclosure Could Affect ITC Cases

May 7 , 2026

Award/Ranking

61 Finnegan Attorneys Recognized on the 2025 Capital Pro Bono Honor Roll

May 7, 2026

Award/Ranking

Associates Rank Finnegan “Best of the Best” in BTI Associate Satisfaction Survey

May 7, 2026

Commentary

Justices to Side with Generic Drugmakers in Patent Spat, Attorneys Predict

May 5, 2026

Announcement

Finnegan Partner Ningling Wang Becomes President of Licensing Executives Society International

May 4, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP