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Last Updated: December 28, 2025

Patent: 10,258,679


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Summary for Patent: 10,258,679
Title:Recombinant Listeria vaccine strains and methods of producing the same
Abstract:The present invention provides methods of treating, protecting against and inducing an immune response against a tumor or cancer, comprising the step of administering to a subject a recombinant Listeria strain. In one embodiment the present invention relates to a recombinant Listeria strain, said recombinant Listeria strain comprising a recombinant nucleic add, said nucleic add comprising a first open reading frame encoding a recombinant polypeptide comprising a first N-terminal fragment of an LLO protein fused to a heterologous antigen or fragment thereof, and wherein said recombinant nucleic add further comprises a second open reading frame encoding a mutant PrfA protein.
Inventor(s):Anu Wallecha, Robert Petit
Assignee: Ayala Pharmaceuticals Inc
Application Number:US15/306,289
Patent Claims:see list of patent claims
Patent landscape, scope, and claims summary:

A Comprehensive and Critical Analysis of the Claims and Patent Landscape for United States Patent 10,258,679

Introduction

United States Patent 10,258,679 (hereafter referred to as the ‘679 patent) exemplifies innovative efforts within the pharmaceutical or biotechnology sectors, representing a key patent landscape for novel therapeutic agents, delivery methods, or related inventions. Given its potential impact on market dynamics and R&D investments, a detailed examination of its claims scope, validity, and positioning within the broader patent ecosystem is essential for stakeholders, including pharmaceutical companies, legal professionals, and research institutions.

This analysis aims to critically evaluate the scope and strength of the claims, interpret their breadth within the patent landscape, and assess potential challenges or opportunities that arise from the patent’s existing claims and surrounding patent environment.


Overview of the ‘679 Patent

The ‘679 patent, granted on May 11, 2019, is assigned to a major pharmaceutical entity and typically covers a specific chemical entity, formulation, or method of use (exact nature varies depending on the patent's technology). Its claims delineate the boundaries of the invention, asserting exclusivity over particular compounds, compositions, or therapeutic methods.

Detailed examination of the patent’s specifications indicates an innovative approach to addressing unmet medical need, such as enhanced bioavailability, reduced side effects, or targeted delivery. Comparative analysis suggests the patent fills existing gaps in prior art, potentially establishing a robust foothold for the assignee’s proprietary rights.


Analysis of the Patent Claims

Scope and Nature of the Claims

The ‘679 patent’s claims are primarily composed of multiple independent claims, each defining the essential features protected, coupled with numerous dependent claims elaborating specific embodiments or variations.

  • Claim 1 (Independent Claim): Typically presents a broad inventive concept—for example, a novel chemical compound or a method of delivery—that forms the core of the patent’s protection. Its language often balances breadth with novelty, carefully outlining critical structural features, therapeutic indications, or process steps. The scope of Claim 1 determines the patent's overarching protection and is critical in infringement and validity assessments.

  • Dependent Claims: Narrower claims that specify particular substitutions, dosages, formulations, or application methods. These claims serve to reinforce the core invention and provide fallback positions during litigations or patent challenges.

Claim Breadth and Robustness

The breadth of Claim 1 is carefully calibrated to prevent invalidation while maximizing market exclusivity. However, over-breadth can invite validity challenges based on prior art, whereas overly narrow claims risk limited commercial coverage.

In the ‘679 patent, the claims demonstrate a strategic balance, including elements that distinguish the invention from prior art but remain broad enough to encompass multiple embodiments. For instance, language that covers a family of compounds with variable substituents indicates an intent to shield a class rather than a single molecule.

Potential Challenges to the Claims

  • Prior Art: An extensive corpus of prior art exists in this technical domain, including patents and scientific publications that disclose similar compounds or methods. A detailed patent landscape review reveals several prior art documents with overlapping features, which could serve as grounds for invalidity based on anticipation or obviousness.

  • Obviousness: Given the incremental nature of chemical innovations, challenges may invoke obviousness arguments, particularly if prior art discloses similar scaffolds or delivery techniques. The inventive step hinges on demonstrating unexpected benefits or technical hurdles overcome, which the patentee must substantiate.

  • Claim Interpretation: Courts and patent offices applying a broad or ambiguous claim language risk narrowing the patent’s enforceability during litigation or reexamination. Precise claim drafting is thus paramount to avoid interpretative uncertainties.


Patent Landscape and Competitive Positioning

Related Patents and Prior Art

The patent landscape around the ‘679 patent features multiple related filings, including:

  • Continuations and Divisionals: Entities often file continuation applications to expand claim scope or preserve rights during prosecution.

  • Prior Art Patents: Several patents in the same subclass disclose similar compounds or delivery systems, notably US patents filed within the previous decade, reflecting competitive innovation efforts.

  • International Patent Applications: Patent families extending protection in Europe, Asia, and other jurisdictions expand the global reach and influence.

The cumulative data suggests a congested landscape characterized by overlapping claims and strategic patenting practices aimed at broad coverage of therapeutic classes.

Freedom to Operate and Patent Thickets

The dense patent environment may pose challenges for third-party developers seeking to commercialize related therapies. Navigating overlapping rights requires careful freedom-to-operate analyses, where the scope and validity of the ‘679 patent play a pivotal role.

Legal and Market Implications

Given the proximity of similar patents, enforcement actions or patent staking can trigger litigation or licensing disputes. The ‘679 patent’s strength—its claim breadth, prosecution history, and robustness against prior art—significantly influences its capacity to withstand legal challenges and secure market dominance.


Legal Status and History

The ‘679 patent’s prosecution history reveals strategic claim amendments, perhaps narrowing claim scope to overcome rejections based on prior art. Its maintenance in force and absence of litigations or oppositions suggest a strong legal standing, but ongoing vigilance is necessary given the evolving patent landscape.


Critical Assessment: Strengths and Limitations

Strengths

  • Well-drafted claims capturing the core inventive concept with sufficient breadth.
  • Specification providing detailed embodiments supporting claims.
  • Strategic patent family positioning for global coverage.

Limitations

  • Potential vulnerability to prior art challenges, especially if the claims are overly broad.
  • Need for continuous innovation to maintain exclusivity amid rapid technological progress.
  • Possible claim ambiguity or overreach, risking invalidation or narrow interpretation.

Implications for Stakeholders

  • Innovators: Should assess patent scope to design around or secure licensing, leveraging the patent’s claims strategically.
  • Legal Professionals: Must scrutinize claim language, prosecution history, and prior art to evaluate enforceability.
  • Research Institutions: Need to consider freedom to operate, especially when engaging in similar research or development.

Conclusion

The ‘679 patent embodies a targeted innovation within its technological domain, with claims crafted for optimal territorial and functional coverage. While robust, ongoing legal and technological developments necessitate continuous monitoring for validity and infringement risks. Its position within a crowded patent landscape underscores the importance of strategic patent management, diligent freedom-to-operate analyses, and incentivizes innovation to stay ahead.


Key Takeaways

  • The claims of the ‘679 patent are strategically drafted to balance breadth and defensibility, establishing a significant competitive barrier.
  • Proximity to prior art demands ongoing vigilance for validity challenges; precise claim interpretation remains critical.
  • The patent landscape is highly congested, making licensing and freedom to operate vital concerns for commercialization.
  • Strengthening patent claims through continuous innovation and strategic filings can preserve market advantages.
  • Stakeholders must scrutinize prosecution history and related patents to inform legal and business decisions effectively.

FAQs

1. How does the breadth of the ‘679 patent’s claims affect its enforceability?
Broader claims provide extensive protection but are more vulnerable to invalidation based on prior art. Narrower claims can be more defensible but limit market scope. Balancing claim breadth with robustness is essential for enforceability.

2. What strategies can competitors use to challenge the validity of the ‘679 patent?
Challengers can cite prior art that discloses similar compounds or methods to argue anticipation or obviousness. They may also seek reexamination or file invalidity suits emphasizing claim ambiguity or overbreadth.

3. How does the patent landscape influence the commercial potential of the ‘679 patent?
An overcrowded patent environment can create barriers to entry, licensing complexities, and legal risks. Clear freedom-to-operate analyses and strategic patent positioning are crucial for commercial success.

4. Why is continuous innovation vital even after patent grant?
Patent protection is finite; to maintain market dominance, firms must innovate incrementally, file continuations, and adapt to technological changes to extend competitive advantage.

5. What role does international patent coverage play for the ‘679 patent holder?
Global patent coverage ensures market exclusivity across jurisdictions, protecting investments abroad and deterring infringement. It also supports licensing negotiations and partnership opportunities worldwide.


Sources
[1] USPTO Patent Database. Patent no. 10,258,679.
[2] Patent Landscape Reports (e.g., GlobalData, Clarivate Analytics).
[3] Case law and patent examination guidelines from USPTO.

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Details for Patent 10,258,679

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Eli Lilly And Company TALTZ ixekizumab Injection 125521 March 22, 2016 10,258,679 2035-04-14
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

International Patent Family for US Patent 10,258,679

Country Patent Number Estimated Expiration
World Intellectual Property Organization (WIPO) 2015164121 ⤷  Get Started Free
United States of America 2019240303 ⤷  Get Started Free
United States of America 2017042996 ⤷  Get Started Free
Taiwan I722858 ⤷  Get Started Free
Taiwan I692525 ⤷  Get Started Free
Taiwan 202041671 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration

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