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BioDelivery Sciences Claims Recent Actions by Clinical Development Capital Undermine All Other Stockholders' Interests.


MORRISVILLE, N.C. -- Company Claims its Partner Has Breached BEMA(TM) Fentanyl fentanyl /fen·ta·nyl/ (fen´tah-nil) an opioid analgesic; the citrate salt is used as an adjunct to anesthesia, in the induction and maintenance of anesthesia, in combination with droperidol (or similar agent) as a neuroleptanalgesic, and  Development Agreement and is Attempting to Seize BDSI's Phase III Noun 1. phase III - a large clinical trial of a treatment or drug that in phase I and phase II has been shown to be efficacious with tolerable side effects; after successful conclusion of these clinical trials it will receive formal approval from the FDA  Product for Itself

BioDelivery Sciences International, Inc. (NASDAQ NASDAQ
 in full National Association of Securities Dealers Automated Quotations

U.S. market for over-the-counter securities. Established in 1971 by the National Association of Securities Dealers (NASD), NASDAQ is an automated quotation system that reports on
:BDSI BDSI Brooks Divinity School, Inc (Denver, CO) ) has notified CDC See Control Data, century date change and Back Orifice.

CDC - Control Data Corporation
 IV, LLC (Logical Link Control) See "LANs" under data link protocol.

LLC - Logical Link Control
 (CDC), an affiliate of Clinical Development Capital and Care Capital of Princeton, New Jersey
See also: Princeton Township, New Jersey

Princeton, New Jersey is located in Mercer County, New Jersey, United States. Princeton University has been sited in the town since 1756.
 and a partner on BDSI's Phase III BEMA(TM) Fentanyl, of its claim that CDC has breached the July 2005 Clinical Development and License Agreement between BDSI and CDC (the "CDLA CDLA Computer Dealers & Lessors Association ") by repeatedly and willfully willfully adv. referring to doing something intentionally, purposefully and stubbornly. Examples: "He drove the car willfully into the crowd on the sidewalk." "She willfully left the dangerous substances on the property." (See: willful)  refusing to: (1) convene or designate its representatives to the Development Committee required under the CDLA, despite BDSI's numerous requests to do so and (2) respond to repeated requests from BDSI for collaboration with BDSI management on the BEMA(TM) Fentanyl program as provided for under the CDLA. BDSI further claims that CDC has willfully refused (despite BDSI's requests) to comply with the requirements of the negotiated dispute resolution provisions clearly outlined in the CDLA.

In addition to the breach by CDC of its obligations under the CDLA, BDSI has learned that CDC, for its own benefit, after it became a stockholder in May 2006 and without BDSI's knowledge or consent, attempted to purchase the patents and/or rights underlying the BEMA(TM) technology directly from BDSI's licensor. CDC made this attempt while in possession of confidential information regarding the BEMA(TM) Fentanyl program and knowing that ownership and control of the BEMA(TM) patents had been a long term corporate objective of BDSI.

Also, in August 2006, CDC offered BDSI what CDC is terming a financing, but was actually a proposal to purchase from BDSI an additional royalty on the BEMA(TM) Fentanyl product on terms that were significantly less beneficial to BDSI than those in the July 2005 and May 2006 agreements. For example, under the CDC proposal, the royalty rate to CDC would be tripled, BDSI would be required to pay CDC 100% of the purchase price back upon regulatory approval of BEMA(TM) Fentanyl anywhere in the world, and there was a requirement to pay CDC a minimum royalty of 90% of the purchase price annually after the first year. Moreover, the proposed royalty purchase would do nothing to augment BDSI's stockholder equity. BDSI's board of directors has rejected the CDC proposal. This proposal, coupled with CDC's effort to acquire the BEMA(TM) technology from the licensor, if it had occurred, would have produced a financial windfall to CDC at the expense of all other BDSI stockholders.

Although CDC claims that they are acting in the best interest of all BDSI stockholders, BDSI believes otherwise. CDC, unlike any other BDSI stockholder, has a royalty interest royalty interest

The proportional ownership interest by the owner of oil and gas rights in income produced by the asset. See also overriding royalty interest.
 in a particular product, BEMA(TM) Fentanyl. BDSI believes it is clear from CDC's actions relating to, among other things, its breaches of the CDLA and its unfavorable royalty purchase offer to BDSI in August, that CDC is acting in its own self-interests.

"Simply put, CDC is upset because it wanted more of our flagship BEMA Fentanyl product and we refused their proposal. Our message to our stockholders at this time is two-fold: first, we at BDSI will continue to seek to progress our promising product pipeline, including the completion of our Phase III program with BEMA(TM) Fentanyl, despite this distraction, and second, our stockholders should in no way view CDC's actions to be motivated by the best interests of all BDSI stockholders. Rather, this is a self-serving attempt to gain more financial control over this particular corporate asset."

In its notice of breach to CDC, BDSI reserved the right to make additional claims against CDC and demanded that all claims under the CDLA be submitted immediately for resolution pursuant to the dispute resolution mechanisms set forth in the CDLA.

More detail on this matter can be found in BDSI's Current Reports on Form 8-K Form 8-K

The form required by the SEC when a publicly held company incurs any event that might affect its financial situation or the share value of its stock.


Form 8-K

See 8-K.
 filed with the SEC on August 31, 2006.

About BioDelivery Sciences International

BioDelivery Sciences International, Inc. is a specialty pharmaceutical company that is focused on developing innovative products to treat acute conditions such as pain. The company utilizes its owned and licensed patented drug delivery technologies to develop and commercialize, clinically-significant new products using proven therapeutics. BDSI's pain franchise currently consists of two products in development utilizing the company's patented BEMA(TM) oral adhesive disc technology: BEMA(TM) Fentanyl, a treatment for "breakthrough" cancer pain which is expected to complete its Phase III BEMA Fentanyl trials during the second half of 2006, and BEMA(TM) LA, a second analgesic analgesic (ăn'əljē`zĭk), any of a diverse group of drugs used to relieve pain. Analgesic drugs include the nonsteroidal anti-inflammatory drugs (NSAIDs) such as the salicylates, narcotic drugs such as morphine, and synthetic drugs  with a target indication of the treatment of moderate to severe pain, which is currently in Phase I trials and on which the company intends to initiate Phase III trials in the second half of 2006. The company is also working with both its BEMA(TM) technology and its patented Bioral(R) nanocochleate technology on products targeted at other acute treatment opportunities such as insomnia, nausea and vomiting Nausea and Vomiting Definition

Nausea is the sensation of being about to vomit. Vomiting, or emesis, is the expelling of undigested food through the mouth.
, and infections. The company's headquarters are located in Morrisville, North Carolina Morrisville is a town in Wake County, North Carolina, USA. The population was 5,208 at the 2000 census. A Special Census was conducted by the United States Census Bureau in March 2004, when the population was enumerated at 11,915.  and its principal laboratory is located in Newark, New Jersey. For more information please visit www.bdsinternational.com.

Forward-Looking Statements

Note: Except for the historical information contained herein, this press release contains, among other things, certain forward-looking statements, within the meaning of the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and  of 1995, that involve risks and uncertainties. Such statement may include, without limitation, statements with respect to the Company's plans, objectives, expectations and intentions and other statements identified by words such as "may", "could", "would", "should", "believes", "expects", "anticipates", "estimates", "intends", "plans" or similar expressions. These statements are based upon the current beliefs and expectations of the Company's management and are subject to significant risks and uncertainties, including those detailed in the Company's filings with the Securities and Exchange Commission. Actual results, including, without limitation, the outcome of contractual and other disputes, actual sales results, if any, or the results of scheduled or additional clinical trials and FDA FDA
abbr.
Food and Drug Administration


FDA,
n.pr See Food and Drug Administration.

FDA,
n.pr the abbreviation for the Food and Drug Administration.
 review of the Company's formulations and products, may differ from those set forth in the forward-looking statements. These forward-looking statements involve certain risks and uncertainties that are subject to change based on various factors (many of which are beyond the Company's control).
COPYRIGHT 2006 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2006, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Geographic Code:1USA
Date:Sep 5, 2006
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