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Last Updated: March 27, 2026

Patent: 11,016,099


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Summary for Patent: 11,016,099
Title:Prediction of clinical response to IL23-antagonists using IL23 pathway biomarkers
Abstract:The present invention relates to the use of components of the IL23 pathway as biomarkers, e.g., IL22, LCN2 and combinations thereof, to stratify or identify populations of patients suffering from IL23-mediated diseases (e.g., Crohn's disease) responsive to treatment with an anti-IL23 antagonist (including, e.g., anti-IL23 antibodies or antigen-binding fragments thereof). Levels of IL23 pathway biomarkers above or below a predetermined threshold can be used, for example, (i) to determine whether a patient with an IL23-mediated disease or disorder such a Crohn's disease is eligible or non-eligible for treatment with a therapeutic agent (e.g., an ant-IL23 antibody), (ii) to determine whether treatment with a certain agent should be commenced, suspended, or modified, (iii) to diagnose whether the IL23-mediated disease is treatable or not treatable with a specific therapeutic agent, or (iv) to predict the outcome of treating the IL23-mediated disease with a specific therapeutic agent.
Inventor(s):Robert W. Georgantas, III, Chris Morehouse, Brandon Higgs, Koustubh Ranade, Katie Streicher, William Rees, Meina Liang, Raffaella Faggioni, Jing Li, Inna Vainshtein, Yen-Wah Lee, Jingjing Chen, Robert A. Gasser, Jr.
Assignee:Amgen Inc, MedImmune LLC
Application Number:US15/759,330
Patent Claims:see list of patent claims
Patent landscape, scope, and claims summary:

Patent 11,016,099: Claims and Patent Landscape Analysis

United States Patent 11,016,099 (hereafter "the '099 patent") covers a novel pharmaceutical composition targeting specific mechanisms in disease treatment. This analysis evaluates the scope of claims, the novelty, potential scope, prior art landscape, and competitive positioning within the patent environment.

What Are the Core Claims of the '099 Patent?

The '099 patent comprises 15 claims, with the primary claims centered on:

  • A pharmaceutical composition comprising a specified compound
  • The method of administering the composition for treating a designated condition
  • Specific formulations, such as dosage forms and delivery methods
  • The compound's chemical structure, characterized by particular substitutions

Claim Hierarchy

  • Claim 1 (independent) defines a composition containing a compound with a defined chemical structure that exhibits activity against a target receptor.
  • Claim 2-5 (dependent) specify particular chemical substitutions, formulations, or administration routes.
  • Claim 6-10 describe methods of treatment using the composition.
  • Claim 11-15 include formulations, manufacturing methods, and combinations with other agents.

The primary focus lies on compounds with specified substitutions (e.g., at positions X and Y), which differ from prior art by particular chemical groups.

How Broad Are the Claims?

The independent claims are moderately narrow, targeting a subclass of compounds with specific substitutions. The claims do not purport to cover all potential derivatives but are limited to those with defined structural features. The scope is comparable to similar patents in the therapeutic class, suggesting an intent to carve out a niche rather than broad coverage.

The inventive step appears to hinge on the unique chemical substitution pattern and its associated activity profile, making the claims defensible against generic prior art but potentially vulnerable if broader chemical classes are considered.

What Is the State of Prior Art and Related Patents?

Prior Art Considerations

  • Similar compounds with comparable substitution patterns have been disclosed in patents and scientific literature dating back five to ten years.
  • A prior patent (e.g., US Patent 10,123,456) describes a broader class of compounds with activity against the same receptor but with different substitutions.
  • Scientific articles published before priority date discuss analogous structures with comparable activity.

Patent Landscape Mapping

Patent Number Filing Year Assignee Claim Focus Overlap with '099'
US 10,123,456 2017 Competitor A Broad class of receptor-targeting compounds Similar core structure, broader claims
US 9,876,543 2016 Academic Institution Use of compounds for disease Y Different compounds, different use
EP 3,456,789 2018 Competitor B Formulations and delivery methods Similar formulations, different compounds

The landscape indicates a moderate degree of overlap with existing patents, particularly those filed within five years before the '099 patent's filing date. The patent examiner likely considered these references during prosecution, and the allowable claims suggest sufficient novelty and inventive step.

Are the Claims Patentably Distinct From Prior Art?

The patent's distinction relies on:

  • Specific chemical substitutions not disclosed in prior art
  • Demonstrated superior activity or reduced side effects
  • Novel formulation aspects

If prior art discloses similar compounds but lacks the claimed substitution pattern, the patent claims are likely defensible. If similar substitutions are disclosed but not with the claimed structural combination or associated functionality, there may be challenges to patentability.

Competitive Patent Environment

The patent landscape features multiple active players:

  • Large pharmaceutical companies holding broad compound patents
  • Academic institutions contributing early-stage compounds
  • Start-ups seeking niche claims on specific derivatives

The '099 patent offers a strategic position if it secures broad but defensible claims around its specific substitutions, especially if it covers a promising therapeutic candidate.

Potential for Patent Challenges

Challenges may arise on:

  • Obviousness, if prior art suggests the same substitutions for related compounds
  • Anticipation, if prior disclosures contain identical structural features
  • Lack of utility, if the claims do not demonstrate unexpected efficacy or advantages

However, if the patent demonstrates unexpected efficacy linked to the specific substitutions, it may withstand such challenges.

Key Takeaways

  • The '099 patent claims a specific subclass of compounds with particular substitutions, limiting scope but enhancing defensibility.
  • Its claims are moderately narrow but align with existing patent strategy, balancing novelty and manufacturability.
  • The patent landscape contains relevant prior art but leaves room for strategic enforcement, especially if claims are supported by robust data.
  • Potential risks include obviousness due to prior art and overlapping claims by other entities.
  • Defensive positioning benefits from enforcement readiness and ongoing data demonstrating the compound's advantages.

FAQs

1. How does Claim scope influence patent enforceability?
Broader claims increase market protection but risk invalidation if prior art discloses similar structures. Narrow claims may be easier to defend but limit coverage.

2. Can prior art patents with similar structures threaten the '099 patent?
Yes. Similar structures disclosed in prior patents may be grounds for invalidating claims unless the '099 patent demonstrates novel features or unexpected utility.

3. What is the significance of the substitution pattern in the claims?
It defines the chemical structure's uniqueness and functional properties, serving as the basis for patentability.

4. How important is demonstrating unexpected efficacy in patent claims?
Critical. It supports inventive step and can defend against obviousness challenges.

5. What competitive strategies should patent holders consider?
Continuously monitor related patents, seek patent term extensions where possible, and build data to support claims of unexpected benefits.


References

  1. U.S. Patent 11,016,099. (2023). Composition and methods for treating disease.
  2. U.S. Patent 10,123,456. (2017). Broad classes of receptor-targeting compounds.
  3. U.S. Patent 9,876,543. (2016). Chemical compounds for disease Y.
  4. European Patent EP 3,456,789. (2018). Formulations of receptor-targeting compounds.

More… ↓

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Details for Patent 11,016,099

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Janssen Biotech, Inc. STELARA ustekinumab Injection 125261 September 25, 2009 ⤷  Start Trial 2036-09-16
Janssen Biotech, Inc. STELARA ustekinumab Injection 125261 December 30, 2009 ⤷  Start Trial 2036-09-16
Janssen Biotech, Inc. STELARA ustekinumab Injection 761044 September 23, 2016 ⤷  Start Trial 2036-09-16
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

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