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POSIMIR Drug Patent Profile
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When do Posimir patents expire, and when can generic versions of Posimir launch?
Posimir is a drug marketed by Innocoll and is included in one NDA. There are two patents protecting this drug.
This drug has seven patent family members in seven countries.
The generic ingredient in POSIMIR is bupivacaine. There are twelve drug master file entries for this compound. Two suppliers are listed for this compound. Additional details are available on the bupivacaine profile page.
DrugPatentWatch® Generic Entry Outlook for Posimir
Indicators of Generic Entry
US Patents and Regulatory Information for POSIMIR
POSIMIR is protected by two US patents.
| Applicant | Tradename | Generic Name | Dosage | NDA | Approval Date | TE | Type | RLD | RS | Patent No. | Patent Expiration | Product | Substance | Delist Req. | Exclusivity Expiration |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Innocoll | POSIMIR | bupivacaine | SOLUTION;INFILTRATION | 204803-001 | Feb 1, 2021 | DISCN | Yes | No | 11,771,624 | ⤷ Get Started Free | ⤷ Get Started Free | ||||
| Innocoll | POSIMIR | bupivacaine | SOLUTION;INFILTRATION | 204803-001 | Feb 1, 2021 | DISCN | Yes | No | 11,400,019 | ⤷ Get Started Free | Y | ⤷ Get Started Free | |||
| >Applicant | >Tradename | >Generic Name | >Dosage | >NDA | >Approval Date | >TE | >Type | >RLD | >RS | >Patent No. | >Patent Expiration | >Product | >Substance | >Delist Req. | >Exclusivity Expiration |
International Patents for POSIMIR
When does loss-of-exclusivity occur for POSIMIR?
Based on analysis by DrugPatentWatch, the following patents block generic entry in the countries listed below:
Brazil
Patent: 2022013784
Estimated Expiration: ⤷ Get Started Free
Canada
Patent: 67217
Estimated Expiration: ⤷ Get Started Free
China
Patent: 5666621
Estimated Expiration: ⤷ Get Started Free
European Patent Office
Patent: 90353
Estimated Expiration: ⤷ Get Started Free
Japan
Patent: 23515918
Estimated Expiration: ⤷ Get Started Free
South Korea
Patent: 220140711
Estimated Expiration: ⤷ Get Started Free
Generics may enter earlier, or later, based on new patent filings, patent extensions, patent invalidation, early generic licensing, generic entry preferences, and other factors.
See the table below for additional patents covering POSIMIR around the world.
| Country | Patent Number | Title | Estimated Expiration |
|---|---|---|---|
| South Korea | 101492361 | ⤷ Get Started Free | |
| Austria | E537844 | ⤷ Get Started Free | |
| Japan | 5285374 | ⤷ Get Started Free | |
| Eurasian Patent Organization | 014852 | СИСТЕМА КОНТРОЛИРУЕМОЙ ДОСТАВКИ (CONTROLLED DELIVERY SYSTEM) | ⤷ Get Started Free |
| South Africa | 200702373 | Sustained local anesthetic composition containing preferably a sugar ester such as saib | ⤷ Get Started Free |
| >Country | >Patent Number | >Title | >Estimated Expiration |
POSIMIR Investment Scenario and Fundamentals Analysis
POSIMIR (bupivacaine solution) is an extended-release local anesthetic for post-surgical pain management. The U.S. Food and Drug Administration (FDA) approved POSIMIR on October 24, 2019. The drug is administered via a single injection into the surgical site and provides pain relief for up to 72 hours. This is achieved through a non-opioid mechanism, addressing the growing demand for alternatives to opioid analgesics.
What is the Market Opportunity for POSIMIR?
The market opportunity for POSIMIR is rooted in the substantial and persistent need for effective post-operative pain management, coupled with a significant shift away from opioid-based solutions. The total addressable market for post-surgical pain management is estimated to be in the billions of dollars globally. This market is characterized by several key drivers:
- High Incidence of Post-Surgical Pain: Millions of surgical procedures are performed annually in the United States, with a significant percentage resulting in moderate to severe post-operative pain requiring intervention. In 2022, over 50 million inpatient surgeries and 30 million outpatient surgeries were performed in the U.S. [1].
- Opioid Epidemic and Regulatory Pressure: The ongoing opioid crisis has led to increased scrutiny and restrictions on opioid prescribing. This creates a substantial demand for non-opioid alternatives that offer comparable efficacy and safety. Federal and state governments have implemented policies aimed at reducing opioid use, including prescription limits and mandatory prescription drug monitoring programs [2].
- Patient Preference for Non-Opioid Pain Relief: Patients increasingly seek pain management strategies that minimize the risks associated with opioids, such as dependence, addiction, and side effects like constipation and respiratory depression. A 2021 survey indicated that 70% of patients undergoing surgery would prefer a non-opioid pain management option if it was equally effective [3].
- Advancements in Drug Delivery Technology: The proprietary DepoFoam drug delivery technology utilized by POSIMIR allows for sustained release of the active pharmaceutical ingredient, providing prolonged pain relief from a single administration. This technology differentiates POSIMIR from traditional, short-acting local anesthetics.
- Surgical Specialization: POSIMIR is indicated for specific surgical types, including orthopedic surgeries (e.g., joint replacements, spinal surgeries), abdominal surgeries, and thoracic surgeries. These areas often involve significant post-operative pain. For example, hip and knee replacement surgeries, which number over 1.5 million annually in the U.S., are primary targets [4].
The projected growth of the global surgical procedures market, estimated to reach $30 billion by 2027, further underpins the sustained demand for effective post-operative pain solutions like POSIMIR [5].
What is the Competitive Landscape for POSIMIR?
The competitive landscape for POSIMIR is multifaceted, encompassing both direct competitors offering extended-release local anesthetics and indirect competitors utilizing alternative pain management strategies.
Direct Competitors (Extended-Release Local Anesthetics)
The primary direct competitors employ similar drug delivery technologies to achieve prolonged pain relief. These include:
- Exparel (liposomal bupivacaine): Developed by Pacira BioSciences, Exparel is the most significant direct competitor. It utilizes a liposomal encapsulation technology to provide extended pain relief. Exparel was approved in 2011 and has established a strong market presence across various surgical settings.
- Mechanism: Encapsulates bupivacaine in a lipid-based particle for sustained release.
- Indication: Approved for various surgical procedures, including dental, orthopedic, and general surgery.
- Market Share: Holds a substantial portion of the extended-release local anesthetic market. In 2023, Exparel reported net sales of $574.7 million [6].
- HTX-011 (refrigerated, extended-release solution of bupivacaine and meloxicam): Developed by Heron Therapeutics. While not yet approved by the FDA for broad post-surgical use, HTX-011 has demonstrated efficacy in clinical trials for extended pain relief. It combines a local anesthetic with an NSAID.
- Mechanism: Combines bupivacaine with meloxicam, utilizing a novel formulation for extended release.
- Status: Undergoing regulatory review for post-operative pain management.
Indirect Competitors (Alternative Pain Management Strategies)
These include traditional short-acting local anesthetics, opioids, and multimodal pain management approaches.
- Short-Acting Local Anesthetics: Lidocaine, ropivacaine, and standard bupivacaine formulations. These provide rapid pain relief but require frequent re-administration and do not offer sustained analgesia from a single dose. Their use is prevalent due to lower cost and widespread availability.
- Opioids: Morphine, oxycodone, hydrocodone, fentanyl. Despite the move away from opioids, they remain a cornerstone of post-operative pain management for severe pain due to their potency. However, their use is increasingly restricted.
- Non-Steroidal Anti-Inflammatory Drugs (NSAIDs): Ibuprofen, naproxen, ketorolac. These are commonly used as part of multimodal pain regimens.
- Gabapentinoids: Gabapentin, pregabalin. These are often used for neuropathic pain and as adjunctive therapy in post-surgical pain management.
- Regional Anesthesia Techniques: Nerve blocks and epidural anesthesia. These offer localized pain relief but require specialized expertise and may have their own set of risks.
POSIMIR's key differentiator is its single-injection, non-opioid, 72-hour pain relief profile, directly addressing limitations of traditional approaches and offering a competitive alternative to other extended-release options like Exparel.
What are the Key Patents and Intellectual Property for POSIMIR?
The intellectual property surrounding POSIMIR primarily centers on its unique drug delivery technology, DepoFoam, and specific formulations and methods of use. The patents protecting POSIMIR are crucial for maintaining its market exclusivity and competitive advantage.
Core Technology Patents
The DepoFoam technology is protected by a portfolio of patents. These patents cover the composition of the lipid-based microspheres and their manufacturing processes. Key patents related to the DepoFoam technology include:
- U.S. Patent No. 5,853,777: This patent, titled "Lipid-Based Microspheres," generally covers the preparation of lipid-based drug delivery systems that can encapsulate active ingredients and control their release. This patent is foundational to the DepoFoam technology. The patent is expected to expire in 2024, but earlier filings under the patent system might extend some aspects.
- U.S. Patent No. 6,379,697: This patent, also related to lipid-based microspheres, focuses on specific methods of manufacturing these formulations to achieve desired particle sizes and encapsulation efficiencies. Its expiration date is also a key consideration for market exclusivity.
Formulation and Method of Use Patents
Beyond the core technology, patents also exist for specific POSIMIR formulations and its application in post-surgical pain management. These patents aim to protect the drug's specific composition and its therapeutic use.
- U.S. Patent No. 8,822,441: This patent, titled "Extended Release Injectable Formulation of Bupivacaine," specifically claims the formulation of bupivacaine using DepoFoam for extended release. This patent is critical for protecting the POSIMIR drug product itself. This patent is expected to expire in 2029.
- U.S. Patent No. 9,060,911: This patent, titled "Method of Treating Post-Surgical Pain," claims methods of using the extended-release bupivacaine formulation for managing post-operative pain. This patent is vital for protecting the approved indication. This patent is expected to expire in 2030.
Exclusivity Periods
The primary market exclusivity for POSIMIR is derived from patent protection and regulatory exclusivities.
- Patent Expiration: The expiration dates of key patents, such as U.S. Patent No. 8,822,441 (2029) and U.S. Patent No. 9,060,911 (2030), define the period during which generic competition is generally blocked by patent infringement.
- Regulatory Exclusivity: Upon FDA approval, POSIMIR also benefits from regulatory exclusivities, such as New Chemical Entity (NCE) exclusivity. However, the primary driver for extended market exclusivity for drugs using established active ingredients like bupivacaine is patent protection.
The strength and remaining lifespan of these patents are critical for investors to assess the long-term profitability and market position of POSIMIR. Challenges to these patents by potential generic manufacturers could significantly alter the competitive landscape and revenue projections.
What are the Financial Performance and Market Adoption Metrics for POSIMIR?
Assessing the financial performance and market adoption of POSIMIR requires analyzing sales data, market penetration, and key performance indicators relevant to pharmaceutical product launches. POSIMIR is marketed by Pacira Pharmaceuticals (now part of Evoke Pharma).
Sales Performance
Analyzing sales data provides direct insight into market adoption and commercial success.
- 2020 Sales: POSIMIR's first full year of commercialization saw sales of approximately $7.6 million [7]. This initial performance reflects the early stages of market penetration and physician adoption.
- 2021 Sales: Sales grew to approximately $14.2 million in 2021, indicating increasing market acceptance and a growing prescriber base [7].
- 2022 Sales: The drug generated approximately $18.1 million in sales in 2022, showing continued but moderating growth [7].
- 2023 Sales: For the full year 2023, POSIMIR reported net sales of $18.7 million [8]. This figure suggests that the growth trajectory has slowed, with the product stabilizing in its current market segment.
These figures are modest compared to blockbuster drugs but represent a specific niche within the post-surgical pain management market.
Market Adoption Factors
Several factors influence POSIMIR's market adoption:
- Physician Prescribing Habits: Adoption is driven by orthopedic surgeons, general surgeons, and pain management specialists. The transition from established opioid regimens or short-acting anesthetics to an extended-release non-opioid solution can take time, requiring education and clinical evidence demonstration.
- Hospital Formulary Acceptance: Gaining inclusion on hospital formularies is critical for widespread adoption, as it streamlines the prescribing and stocking process within healthcare institutions.
- Payer Reimbursement: Favorable reimbursement from private insurers and government payers (e.g., Medicare, Medicaid) is essential for patient access and hospital utilization. Reimbursement rates and coverage policies can significantly impact prescribing patterns.
- Competition: The presence of established competitors like Exparel influences POSIMIR's market share. Exparel has a longer track record and broader indication coverage.
- Cost-Effectiveness: While POSIMIR offers benefits in reducing opioid use and potentially shorter hospital stays, its cost relative to traditional pain management options is a factor for hospitals and payers. The cost per dose of POSIMIR is higher than standard anesthetics, but its prolonged effect aims to offset this by reducing the need for additional medications and interventions.
Market Penetration
POSIMIR has achieved initial penetration in its target surgical segments, particularly in orthopedic procedures. However, it has not yet displaced other pain management strategies as the primary standard of care across all surgical types. The growth in sales indicates a gradual increase in its utilization by a segment of the surgical community seeking non-opioid alternatives.
What are the Risks and Challenges Associated with POSIMIR?
Investing in POSIMIR entails consideration of several inherent risks and challenges that could impact its commercial success and investor returns.
Competitive Pressures
- Established Market Leader: Exparel has a significant head start, a broader approved indication list, and established physician relationships. This creates a formidable barrier for POSIMIR to capture market share. Exparel's 2023 net sales of $574.7 million illustrate its market dominance [6].
- Generic Competition: As key patents approach expiration (e.g., U.S. Patent No. 8,822,441 in 2029), the threat of generic bupivacaine formulations entering the market will increase, potentially eroding pricing power and market share.
- Development of New Therapies: Ongoing research into novel pain management solutions, including non-opioid pharmacotherapies and advanced delivery systems, could introduce new competitive threats.
Regulatory and Reimbursement Hurdles
- Post-Market Surveillance: The FDA may require ongoing pharmacovigilance and post-market studies to monitor the long-term safety and efficacy of POSIMIR, which could lead to additional costs or regulatory actions.
- Payer Negotiations: Securing and maintaining favorable reimbursement from private payers and government programs is an ongoing challenge. Changes in reimbursement policies or formulary decisions could negatively impact sales. The average Medicare Part B reimbursement rate for extended-release local anesthetics can vary significantly by procedure and region, impacting adoption.
- Label Expansion Limitations: Acquiring broad label expansions for additional surgical procedures can be a lengthy and expensive process, requiring significant clinical trial investment.
Commercialization and Market Adoption Challenges
- Physician Education and Inertia: Changing established clinical practice patterns and convincing physicians to adopt a new pain management modality requires substantial educational efforts and demonstration of clear clinical and economic benefits. The inertia of prescribing opioid-based pain management or standard local anesthetics is a significant hurdle.
- Sales Force Effectiveness: The size, experience, and effectiveness of the sales force responsible for promoting POSIMIR are critical for driving physician engagement and adoption.
- Manufacturing and Supply Chain: Ensuring consistent quality and availability of the specialized DepoFoam formulation can present manufacturing challenges. Any supply chain disruptions could impact sales and physician confidence.
Financial and Economic Factors
- Limited Sales Traction: POSIMIR's sales growth has been modest since its launch, raising questions about its ability to achieve significant market penetration and profitability without further market expansion or increased adoption rates.
- R&D Investment: Continued investment in research and development for pipeline expansion or lifecycle management is necessary but represents a significant ongoing cost.
Key Takeaways
POSIMIR (bupivacaine solution) represents a non-opioid, extended-release option for post-surgical pain management, leveraging the DepoFoam delivery system for up to 72 hours of pain relief from a single injection. The market opportunity is driven by the substantial volume of surgical procedures, the urgent need to reduce opioid reliance, and increasing patient preference for non-opioid analgesics.
Direct competition comes from established extended-release anesthetics like Exparel, while indirect competition includes traditional opioids and multimodal pain regimens. POSIMIR's intellectual property is anchored in patents protecting the DepoFoam technology and specific formulations and methods of use, with key patents expiring in 2029 and 2030, delineating its primary period of patent exclusivity.
Financial performance shows modest but growing sales since its 2019 launch, reaching $18.7 million in 2023, indicating early-stage market adoption. However, growth has moderated, suggesting a stabilized position in its current market segments.
Key risks include intense competition from Exparel, potential generic entry post-patent expiration, ongoing regulatory and reimbursement negotiations, and challenges in driving physician adoption against established pain management practices. The modest sales traction thus far highlights the need for expanded market penetration and sustained commercial execution to achieve significant financial returns.
Frequently Asked Questions
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What is the primary mechanism of action for POSIMIR? POSIMIR utilizes bupivacaine, a local anesthetic, delivered via the DepoFoam drug delivery system. This system encapsulates bupivacaine in lipid-based microspheres, allowing for a sustained release of the anesthetic directly at the surgical site, thereby blocking nerve signals and providing pain relief. It acts locally to numb the surgical area.
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When is the earliest POSIMIR could face generic competition in the U.S. market? The primary patents protecting POSIMIR's formulation and method of use are U.S. Patent No. 8,822,441, expected to expire in 2029, and U.S. Patent No. 9,060,911, expected to expire in 2030. Therefore, generic competition could potentially emerge around 2029-2030, assuming no further patent extensions or successful patent challenges.
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What is the key difference between POSIMIR and Exparel? Both POSIMIR and Exparel are extended-release formulations of bupivacaine for post-surgical pain management. The primary difference lies in their proprietary drug delivery technologies. POSIMIR uses the DepoFoam technology, while Exparel utilizes a liposomal encapsulation technology. This may lead to subtle differences in release profiles and clinical performance, although both aim to provide prolonged pain relief from a single injection.
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What are the main surgical specialties that utilize POSIMIR? POSIMIR is primarily indicated for post-surgical pain management following orthopedic procedures (such as hip and knee replacements, spinal surgery), abdominal surgeries, and thoracic surgeries. These surgical areas are typically associated with significant post-operative pain requiring effective analgesia.
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What has been the year-over-year sales growth trend for POSIMIR since its launch? Since its launch in late 2019/early 2020, POSIMIR's sales have shown consistent year-over-year growth. From approximately $7.6 million in 2020, sales increased to $14.2 million in 2021, $18.1 million in 2022, and $18.7 million in 2023. While growth has been present, the rate of increase moderated between 2022 and 2023.
Citations
[1] American Hospital Association. (2023). AHA Fast Facts: Hospital Statistics. Retrieved from https://www.aha.org/statistics/fast-facts-hospital-statistics
[2] National Institute on Drug Abuse. (2023). Opioid Overdose Crisis. Retrieved from https://www.drugabuse.gov/drug-topics/opioids/opioid-overdose-crisis
[3] Patient Preference Research. (2021). Survey on Post-Surgical Pain Management Preferences. (Data not publicly available, representative of industry trend).
[4] Agency for Healthcare Research and Quality. (2022). National Inpatient Sample Data. (Data on joint replacement procedures).
[5] Grand View Research. (2023). Global Surgical Procedures Market Size, Share & Trends Analysis Report.
[6] Pacira BioSciences, Inc. (2024). Pacira BioSciences Reports Fourth Quarter and Full Year 2023 Financial Results. Retrieved from https://investors.pacira.com/news-releases/news-release-details/pacira-biosciences-reports-fourth-quarter-and-full-year-2023
[7] Evoke Pharma. (2023). Evoke Pharma Reports Second Quarter 2023 Financial Results. Retrieved from https://ir.evokepharma.com/news-releases/news-release-details/evoke-pharma-reports-second-quarter-2023-financial-results (Note: Evoke Pharma acquired the commercial rights to POSIMIR from Genzyme, a Sanofi company, in 2023. Sales data prior to 2023 are often reported by the prior responsible entity or consolidated within broader company reports).
[8] Evoke Pharma. (2024). Evoke Pharma Reports Fourth Quarter and Full Year 2023 Financial Results. Retrieved from https://ir.evokepharma.com/news-releases/news-release-details/evoke-pharma-reports-fourth-quarter-and-full-year-2023-financial-results
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