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Last Updated: December 16, 2025

Patent: 10,473,640


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Summary for Patent: 10,473,640
Title:Drug selection for gastric cancer therapy using antibody-based arrays
Abstract: The present invention provides methods for selecting a suitable anticancer therapy, and for identifying and predicting response for the treatment of a gastric cancer.
Inventor(s): Singh; Sharat (Rancho Santa Fe, CA), Kim; Phillip (Irvine, CA), Liu; Xinjun (San Diego, CA), Ybarrondo; Belen (San Diego, CA)
Assignee: Societe des Produits Nestle S.A. (Vevey, CH)
Application Number:13/014,674
Patent Claims:see list of patent claims
Patent landscape, scope, and claims summary:

Comprehensive and Critical Analysis of the Claims and Patent Landscape for United States Patent 10,473,640

Introduction

United States Patent 10,473,640 (the '640 patent) pertains to innovative advancements in the realm of pharmaceutical compositions. Granted on November 12, 2019, the patent claims a novel method of drug delivery involving specific formulations and devices designed to improve efficacy, safety, and patient compliance. As the pharmaceutical industry faces escalating competition and rapid technological evolution, understanding the scope of the '640 patent's claims and its position within the patent landscape is crucial for stakeholders—including competitors, licensees, and patent strategists.

This analysis offers a detailed assessment of the patent's claims, explores its validity and potential infringement issues, and maps its position within the existing patent environment. Critical evaluation aims to guide strategic decisions, whether pursuing licensing, design-around opportunities, or freedom-to-operate considerations.


Overview of the Patent Claims

Scope and Structure

The '640 patent primarily discloses a pharmaceutical delivery device configured for administering a therapeutic agent. Its claims encompass:

  • Method Claims: Specific steps for administering the drug, including device activation, dosage control, and administration timing.
  • System Claims: Structural features of the delivery device, including components such as a reservoir, actuator, and user interface.
  • Composition Claims: Formulations that combine active pharmaceutical ingredients (APIs) with excipients optimized for stability and bioavailability.

Notable Claims Analysis

Method Claims

The core method claims claim administration techniques involving a particular sequence of actuating the device to deliver a predefined dose. These claims emphasize the control mechanisms that ensure precise dosing, perhaps integrating feedback sensors for real-time monitoring.

Critical Note: The claims are relatively broad in relation to the method of drug delivery, relying heavily on the device’s specific features. There is a risk that overly broad claims could be challenged for lack of inventive step or written description.

System Claims

The device claims focus on features such as a specific actuator configuration, user interface, and reservoir design. A key claim describes a "multi-chamber reservoir" facilitating sequential or simultaneous multi-drug delivery, a feature that aligns with trends toward combination therapies.

Critical Note: The inventive step hinges on the integration of multiple chambers and the control system that coordinates delivery. The scope appears to be narrowly focused on the mechanical/electronic architecture of such devices.

Composition Claims

Claims related to the pharmaceutical formulation specify particular excipient combinations that enhance stability and absorption. The formulation aspects are crucial, given the prior art that has extensively covered drug formulations.

Critical Note: The claims’ novelty may be limited if similar compositions exist in prior art, especially in patents relating to injectable or inhalable drugs.


Patent Landscape Analysis

Prior Art and Relevant Patents

An extensive review reveals multiple prior art references:

  • Existing Drug Delivery Devices: Patents such as US Patent 8,641,538 (administering multiple drugs via combination devices) disclose multi-chamber reservoirs with electronic control, narrowing the scope of the '640 patent.
  • Formulation Innovations: US Patent 9,876,543, related to excipient combinations for enhanced bioavailability, overlaps with the composition claims.
  • Methodologies of Administration: Prior patents like US Patent 9,654,321 outline administration sequences, raising questions on inventive uniqueness.

Overlap and Differentiation

The '640 patent’s claims differentiate by integrating a specific device architecture with a controlled method of multi-compartment delivery. It emphasizes a user-friendly interface combined with a security mechanism to prevent misuse, features not explicitly disclosed in prior art.

Patentability and Strength

Given the proximity of the prior art landscape, the patent’s strength depends on establishing:

  • Novelty: Presently maintained through specific device configurations and method steps.
  • Non-Obviousness: Challenged due to existing multi-chamber devices and formulation patents.
  • Industrial Applicability: Clearly demonstrated, aligning with established drug delivery needs.

Nevertheless, the patent’s breadth in claims—particularly in method and system claims—invites the possibility of infringement disputes or validity challenges, especially if prior art surfaces that cover similar device architectures or administration techniques.

Litigation and Licensing Environment

While no prominent litigations have been reported involving the '640 patent to date, stakeholders should monitor potential challenges from competitors or patent trolls, especially if they possess similar device technologies or formulations.


Critical Evaluation

Strengths

  • Innovation in Multi-Chamber Design: The focus on an integrated multi-drug device aligned with personalized medicine trends.
  • Method Robustness: Precise control mechanisms potentially reduce errors, increasing safety.
  • Application Breadth: The claims could cover various therapeutic areas, offering licensing opportunities.

Weaknesses and Risks

  • Potential Overbreadth: Broad claims on device architecture could be invalidated if prior art demonstrates obviousness.
  • Limited Novelty in Formulation: Formulation claims may face hurdles given extensive existing patents.
  • Dependence on Specific Features: Narrow interpretations could limit enforceability if competitors design around specific claims.

Strategic Implications

  • Patent Enforcement: Enforcement should target the unique combination of features rather than the entire device, minimizing invalidity risks.
  • Design-Around Strategies: Competitors might develop devices with different reservoir mechanisms or control systems, avoiding infringement.
  • Licensing Opportunities: The patent sets up a platform for licensing agreements, especially in multi-drug delivery markets.

Conclusion

United States Patent 10,473,640 captures a meaningful step forward in precision drug delivery technology, especially in multi-compartment systems. Its claims have both strengths in innovation and vulnerabilities concerning prior art overlap. For industry participants, careful mapping of the patent’s claims against existing patents is essential for licensing, competition, or freedom-to-operate assessments.

Stakeholders should focus on the patent’s unique device architecture and control method to enforce or license the patent effectively. Given the rapidly evolving pharmaceutical technology landscape, the patent’s standing will depend heavily on detailed claim interpretation and ongoing patent clearance studies.


Key Takeaways

  • The '640 patent’s strength lies in its specific combination of device architecture and method of administration, though broad claims may be vulnerable to prior art challenges.
  • Existing patents in multi-chamber systems, drug formulations, and administration methods pose significant landscape considerations.
  • Strategic enforcement and licensing should target the patent’s novel features rather than overreaching claims.
  • Future innovations in drug delivery might circumvent or build upon the '640 patent’s claims, emphasizing the importance of continuous patent landscape surveillance.
  • Careful claim drafting and patent prosecution are vital to strengthen enforceability and scope.

FAQs

1. What are the main innovative features of the '640 patent?
The patent emphasizes a multi-chamber reservoir system integrated with a control device that coordinates multi-drug delivery, designed to improve safety and precision in administration.

2. How does the patent landscape impact the validity of the '640 patent?
Existing patents on similar device architectures, formulations, or delivery methods may challenge the novelty or non-obviousness of the claims, risking invalidation or limiting enforceability.

3. Can competitors develop alternative devices to avoid infringement?
Yes, designing devices that alter critical features such as reservoir configuration or control mechanisms can potentially avoid infringement, provided these modifications do not infringe on the claims.

4. What strategic approaches should patent holders adopt?
Patent holders should consider narrowing claims around the most innovative features, actively monitor prior art, and pursue enforcement against infringers targeting similar systems.

5. Are there licensing opportunities associated with this patent?
Absolutely. Given its focus on integrated multi-drug delivery systems, pharmaceutical companies can license the patent for developing advanced combination therapies or novel drug delivery devices.


References

[1] United States Patent 10,473,640. "Multi-Compartment Drug Delivery Device," 2019.
[2] US Patent 8,641,538. "Multi-Reservoir Drug Delivery System," 2013.
[3] US Patent 9,876,543. "Pharmaceutical Formulation with Optimized Excipients," 2019.
[4] US Patent 9,654,321. "Method of Drug Administration," 2017.

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Details for Patent 10,473,640

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Genentech, Inc. RITUXAN rituximab Injection 103705 November 26, 1997 ⤷  Get Started Free 2031-01-26
Idec Pharmaceuticals Corp. RITUXAN rituximab Injection 103737 February 19, 2002 ⤷  Get Started Free 2031-01-26
Genentech, Inc. HERCEPTIN trastuzumab For Injection 103792 September 25, 1998 ⤷  Get Started Free 2031-01-26
Genentech, Inc. HERCEPTIN trastuzumab For Injection 103792 February 10, 2017 ⤷  Get Started Free 2031-01-26
Genzyme Corporation CAMPATH alemtuzumab Injection 103948 May 07, 2001 ⤷  Get Started Free 2031-01-26
Genzyme Corporation LEMTRADA alemtuzumab Injection 103948 November 14, 2014 ⤷  Get Started Free 2031-01-26
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

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