- Statement of Changes in Beneficial Ownership (4)

FORM 4 [ ] Check this box if no longer subject to Section 16. Form 4 or Form 5 obligations may continue. See Instruction 1(b).	UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 STATEMENT OF CHANGES IN BENEFICIAL OWNERSHIP OF SECURITIES	OMB APPROVAL OMB Number: 3235-0287 Expires: February 28, 2011 Estimated average burden hours per response... 0.5
	Filed pursuant to Section 16(a) of the Securities Exchange Act of 1934, Section 17(a) of the Public Utility Holding Company Act of 1935 or Section 30(f) of the Investment Company Act of 1940

1. Name and Address of Reporting Person ^* WELLER DWIGHT D	2. Issuer Name and Ticker or Trading Symbol AVI BIOPHARMA INC [ AVII ]	5. Relationship of Reporting Person(s) to Issuer (Check all applicable) _____ Director _____ 10% Owner __ X __ Officer (give title below) _____ Other (specify below) Sr. VP Chemistry & Mfg.
(Last) (First) (Middle) 4575 SW RESEARCH WAY, SUITE 200	3. Date of Earliest Transaction (MM/DD/YYYY) 1/3/2010
(Street) CORVALLIS, OR 97333 (City) (State) (Zip)	4. If Amendment, Date Original Filed (MM/DD/YYYY)	6. Individual or Joint/Group Filing (Check Applicable Line) _ X _ Form filed by One Reporting Person ___ Form filed by More than One Reporting Person

Table I - Non-Derivative Securities Acquired, Disposed of, or Beneficially Owned
1.Title of Security (Instr. 3)	2. Trans. Date	2A. Deemed Execution Date, if any	3. Trans. Code (Instr. 8)		4. Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5)			5. Amount of Securities Beneficially Owned Following Reported Transaction(s) (Instr. 3 and 4)	6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4)	7. Nature of Indirect Beneficial Ownership (Instr. 4)
1.Title of Security (Instr. 3)	2. Trans. Date	2A. Deemed Execution Date, if any	Code	V	Amount	(A) or (D)	Price		6. Ownership Form: Direct (D) or Indirect (I) (Instr. 4)	7. Nature of Indirect Beneficial Ownership (Instr. 4)
Common Stock								314741	D
Common Stock								24936	I	by Spouse ⁽¹⁾

*Table II - Derivative Securities Beneficially Owned ( e.g.* , puts, calls, warrants, options, convertible securities)**
1. Title of Derivate Security (Instr. 3)	2. Conversion or Exercise Price of Derivative Security	3. Trans. Date	3A. Deemed Execution Date, if any	4. Trans. Code (Instr. 8)		5. Number of Derivative Securities Acquired (A) or Disposed of (D) (Instr. 3, 4 and 5)		6. Date Exercisable and Expiration Date		7. Title and Amount of Securities Underlying Derivative Security (Instr. 3 and 4)		8. Price of Derivative Security (Instr. 5)	9. Number of derivative Securities Beneficially Owned Following Reported Transaction(s) (Instr. 4)	10. Ownership Form of Derivative Security: Direct (D) or Indirect (I) (Instr. 4)	11. Nature of Indirect Beneficial Ownership (Instr. 4)
1. Title of Derivate Security (Instr. 3)	2. Conversion or Exercise Price of Derivative Security	3. Trans. Date	3A. Deemed Execution Date, if any	Code	V	(A)	(D)	Date Exercisable	Expiration Date	Title	Amount or Number of Shares	8. Price of Derivative Security (Instr. 5)			11. Nature of Indirect Beneficial Ownership (Instr. 4)
Incentive Stock Option (right to buy)	$1.45	2/9/2010		A		110575		2/9/2011 ⁽²⁾	2/9/2020	Common Stock	110575	$0 ⁽³⁾	110575	D
Incentive Stock Option (right to buy)	$5.75	1/3/2010		J			52173	1/3/2001	1/3/2010 ⁽⁴⁾	Common Stock	52173	$0	0	D
Incentive Stock Option (right to buy)	$1.49	2/8/2010		A		14000		2/8/2011 ⁽²⁾	2/8/2020	Common Stock	14000	$0 ⁽³⁾	14000	I	by Spouse
Non-Qualified Stock Option (right to buy)	$1.45	2/9/2010		A		9425		2/9/2011 ⁽²⁾	2/9/2020	Common Stock	9425	$0 ⁽³⁾	9425	D
Non-Qualified Stock Option (right to buy)	$5.75	1/3/2010		J			31827	1/3/2001	1/3/2010 ⁽⁴⁾	Common Stock	31827	$0	0	D
Incentive Stock Option (right to buy)	$0.92							2/10/2010 ⁽²⁾	2/10/2019	Common Stock	93839		93839	D
Incentive Stock Option (right to buy)	$1.39							2/28/2009 ⁽²⁾	2/28/2018	Common Stock	17985		17985	D
Incentive Stock Option (right to buy)	$2.53							2/22/2006 ⁽²⁾	2/22/2015	Common Stock	75000		75000	D
Incentive Stock Option (right to buy)	$3							2/6/2009 ⁽²⁾	2/6/2017	Common Stock	25001		25001	D
Incentive Stock Option (right to buy)	$5.35							12/5/2003 ⁽²⁾	12/5/2012	Common Stock	37382		37382	D
Incentive Stock Option (right to buy)	$7.35							2/16/2007 ⁽²⁾	2/16/2016	Common Stock	23605		23605	D
Incentive Stock Option (right to buy)	$0.92							2/10/2010 ⁽²⁾	2/10/2019	Common Stock	18000		18000	I	by Spouse
Incentive Stock Option (right to buy)	$1.15							6/12/2009 ⁽²⁾	6/12/2018	Common Stock	23000		23000	I	by Spouse
Incentive Stock Option (right to buy)	$1.39							2/28/2008 ⁽⁵⁾	2/28/2013	Common Stock	5316		5316	I	by Spouse
Incentive Stock Option (right to buy)	$2.53							2/22/2005 ⁽⁵⁾	2/22/2010	Common Stock	4921		4921	I	by Spouse
Incentive Stock Option (right to buy)	$3							2/6/2007 ⁽⁵⁾	2/6/2017	Common Stock	4567		4567	I	by Spouse
Incentive Stock Option (right to buy)	$7.35							2/16/2006 ⁽²⁾	2/16/2011	Common Stock	2782		2782	I	by Spouse
Non-Qualified Stock Option (right to buy)	$0.92							2/10/2010 ⁽²⁾	2/10/2019	Common Stock	6161		6161	D
Non-Qualified Stock Option (right to buy)	$1.39							2/28/2009 ⁽²⁾	2/28/2018	Common Stock	57015		57015	D
Non-Qualified Stock Option (right to buy)	$3							2/6/2008 ⁽²⁾	2/6/2017	Common Stock	49999		49999	D
Non-Qualified Stock Option (right to buy)	$5.35							12/5/2003 ⁽²⁾	12/5/2012	Common Stock	55018		55018	D
Non-Qualified Stock Option (right to buy)	$7.35							2/16/2007 ⁽²⁾	2/16/2016	Common Stock	51395		51395	D

Explanation of Responses:
( 1)	Amount of Securities Beneficially Owned include shares purchased under the Company's registered Employee Stock Purchase Plan.
( 2)	The Stock Option Grant vest as follows: 1/3 vest one year from date of grant and 1/3 each year thereafter until all shares vest three years from grant date.
( 3)	Price not required on initial report of stock option granted.
( 4)	All shares expired.
( 5)	Grant vest 100% on grant date.

Reporting Owners
Reporting Owner Name / Address	Relationships
Reporting Owner Name / Address	Director	10% Owner	Officer	Other
WELLER DWIGHT D 4575 SW RESEARCH WAY, SUITE 200 CORVALLIS, OR 97333			Sr. VP Chemistry & Mfg.

Signatures
Dwight Weller		2/11/2010
^** Signature of Reporting Person		Date

Reminder: Report on a separate line for each class of securities beneficially owned directly or indirectly.
*	If the form is filed by more than one reporting person, see Instruction 4(b)(v).
**	Intentional misstatements or omissions of facts constitute Federal Criminal Violations. See 18 U.S.C. 1001 and 15 U.S.C. 78ff(a).
Note:	File three copies of this Form, one of which must be manually signed. If space is insufficient, see Instruction 6 for procedure.
Persons who respond to the collection of information contained in this form are not required to respond unless the form displays a currently valid OMB control number.