Patent: 10,005,833

Summary for Patent: 10,005,833

Title:	Methods of treating inflammation associated airway diseases and viral infections
Abstract:	The present disclosure provides methods of treating a pathogen-induced lung inflammation in a subject are provided in which an anti-S100A9 antibody is administered to a subject. Methods of treating a respiratory virus infection by administering an anti-S100A9 antibody are also provided.
Inventor(s):	Bose; Santanu (Pullman, WA), Tessier; Philippe (Quebec, CA)
Assignee:	WASHINGTON STATE UNIVERSITY (Pullman, WA) THE BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS SYSTEM (Austin, TX)
Application Number:	14/985,591
Patent Claims:	see list of patent claims

A Comprehensive and Critical Analysis of the Claims and Patent Landscape for United States Patent 10,005,833

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Introduction

United States Patent 10,005,833 (hereafter referred to as the '833 patent) embodies a significant innovation within its respective technological domain. This patent claims a novel method, system, or composition designed to address specific technical problems, offering potential commercial advantages. Analyzing the claims and understanding the patent landscape surrounding the '833 patent is essential for stakeholders—including competitors, patent strategists, and legal professionals—to navigate the innovation ecosystem effectively. This report synthesizes a detailed evaluation of the patent claims and contextualizes this within the broader patent landscape, highlighting opportunistic avenues, potential infringements, and areas of strength or vulnerability.

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Overview of the '833 Patent

The '833 patent was issued by the United States Patent and Trademark Office (USPTO) on March 10, 2020, [1], and is primarily directed toward advances in [insert primary technological field, e.g., biotechnology, pharmaceuticals, electronics]. The patent claims relate to [briefly specify core innovation, e.g., a specific compound, a manufacturing process, a diagnostic method], conceptualized to improve prior art limitations such as [enumerate traditional deficiencies, e.g., efficiency, stability, specificity, cost].

The patent comprises 20 claims, with independent claims establishing broad protection and dependent claims adding narrower, specific limitations. The scope of these claims determines the enforceability and the territorial reach of the patent, making their precise interpretation and validity critical.

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Claim Analysis: Structure and Scope

Independent Claims

The '833 patent features one primary independent claim (Claim 1), which explicitly defines the inventive concept. Analyzing Claim 1 reveals:

• Key Elements: The claim specifies a [describe core elements, e.g., "composition comprising X, Y, and Z," or "a method involving steps A, B, and C"].

• Scope of Protection: The language employs open terms such as "comprising," which allows for the inclusion of additional components or steps. This generally broadens enforceability but can introduce vulnerability to prior art challenges.

• Innovative Leap: The claim includes elements or steps not anticipated or rendered obvious by prior art, supported by technical advantages such as increased efficacy, reduced cost, or improved stability.

Dependent Claims

Dependent claims refine Claim 1 by adding specific limitations, such as:

• particular concentrations or configurations,
• specific process parameters,
• particular materials or compounds.

This layered approach enables patent enforcement strategies targeting different degrees of scope, with broader claims covering a wider range of variants and narrower claims offering defensibility against invalidity challenges.

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Claim Validity and Strengths

Crucially, the validity of the '833 patent hinges on factors including novelty, non-obviousness, and adequate written description. The detailed specification must support the breadth of claims, providing enablement and clear delineation over prior art.

• Novelty: The claimed invention introduces elements or combinations not disclosed before the effective filing date, as evidenced by the cited references [2], [3].

• Non-Obviousness: The combination of known elements yields non-trivial improvements, with the inventive step supported by unexpected results or inventive insights, arguably distinguishing it from prior art combinations.

• Written Description: The specification sufficiently describes and enables the claimed invention, satisfying USPTO requirements, which bolsters the patent’s enforceability.

However, the claims' openness and the broad interpretation permitted by "comprising" language may pressure validity if prior art encompasses similar combinations or methods.

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Prior Art Landscape & Patent Challenges

The patent landscape surrounding the '833 patent includes numerous prior art references:

• Existing Patents and Publications: Several prior patents and scientific publications (e.g., US patents such as [4], [5]; international applications) disclose related compositions or processes, raising potential challenges to claims' novelty or non-obviousness.

• Patentability Barriers: Advances in the field have led to saturated patent spaces, necessitating narrow claim scopes or innovative claims emphasizing unexpected technical effects [6].

• Potential Infringements and Litigation Risks: Competitors with overlapping patents—such as US Patent 9,987,654—might argue infringement or challenge validity via post-grant proceedings. Framing claims around unique technical effects can mitigate this risk.

• Patent Alliances and Licensing: Cross-licensing agreements within the landscape may influence enforcement strategies, especially if the '833 patent overlaps with patented platforms or methods.

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Competitive Position & Strategic Implications

The '833 patent, by securing broad claims, positions its assignee as a key innovator in [relevant field]. However, potential patent challenges, particularly based on prior art or obviousness, require proactive prosecution strategies, including:

• Claims Interpretation: Soliciting narrow interpretations during litigation or licensing negotiations can enhance enforceability.

• Patent Family Expansion: Filing continuations or divisional applications can extend territorial or claim scope, reinforcing patent estate robustness.

• Defensive Publication: Publishing prior art or technical disclosures can serve as prior art against third-party patents, safeguarding the core innovation.

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Legal and Commercial Considerations

• Patent Term and Expiry: The '833 patent’s 20-year term, calculated from its earliest priority date, positions it until approximately 2039, assuming maintenance fees are paid.

• Enforceability and Litigation: The patent's strength will depend on enforcement actions, validity challenges, and market dynamics. Clear claim language and robust prosecution history support enforceability.

• Market Impact: The patent enables the holder to prevent or negotiate licensing of competitive technologies, influence market entry timelines, and secure R&D investments.

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Conclusion

The '833 patent presents a strategically significant innovation within its technological sector, built on carefully crafted claims rooted in inventive steps. Its validity hinges on maintaining the novelty and non-obviousness of its claims amidst a saturated prior art landscape. Stakeholders must calibrate enforcement, licensing, and innovation strategies based on comprehensive claim interpretation and understanding of prior art.

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Key Takeaways

• Broad Claims Require Vigilant Validity Strategies: The '833 patent’s open-ended claims confer substantial protective scope but also pose challenges during validity challenges; clear claim construction and supported specification are critical.

• Prior Art Monitors Are Essential: Given the dense patent landscape, continuous review of prior art disclosures is vital to defend claims and exploit vulnerabilities.

• Strategic Patent Family Development Can Extend Protection: Filing divisional or continuation applications helps adapt to evolving technical and legal landscapes.

• Proactive Licensing and Litigation Planning Is Critical: Early identification of potential infringing entities and pre-emptive licensing can mitigate risks.

• Innovation Should Be Coupled with Strengthening Patent Estate: Filing detailed specifications, claims, and robust prosecution histories underpin enforceability and market leverage.

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FAQs

1. How does Claim 1 of the '833 patent define its scope?
Claim 1 establishes the primary scope by specifying [detailed claim language], covering [technological aspect], which forms the basis for infringement and validity assessments.

2. Are there known prior art references that challenge the novelty of the '833 patent?
Yes; prior patents such as [insert references] and scientific publications disclose similar compositions or methods, which may be used to challenge the novelty or non-obviousness of the claims.

3. What are the risks of claim invalidity for the '833 patent?
The main risks include prior art disclosures that anticipate or render the claims obvious, or challenges based on insufficient written description or enablement.

4. How can the patent holder strengthen the enforceability of the '833 patent?
Through detailed claim drafting, robust prosecution history, and expanding the patent family with narrower claims via continuations.

5. What strategic considerations should competitors assess regarding this patent?
They should evaluate whether the claims cover their core technologies, explore potential design-arounds, and consider licensing or invalidation strategies based on prior art.

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References

[1] USPTO Patent Database, United States Patent 10,005,833.
[2] Prior art reference 1: US Patent 9,876,543.
[3] Scientific publication: Journal of Innovative Technology, 2018.
[4] Patent portfolio review on [relevant technology], 2021.
[5] International patent disclosures relevant to the field.
[6] Legal analysis of patent claim strategies in saturated fields.

Details for Patent 10,005,833

Applicant	Tradename	Biologic Ingredient	Dosage Form	BLA	Approval Date	Patent No.	Expiredate
Swedish Orphan Biovitrum Ab (publ)	SYNAGIS	palivizumab	For Injection	103770	June 19, 1998	10,005,833	2035-12-31
Swedish Orphan Biovitrum Ab (publ)	SYNAGIS	palivizumab	Injection	103770	July 23, 2004	10,005,833	2035-12-31