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Last Updated: December 19, 2025

Patent: 11,090,333


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Summary for Patent: 11,090,333
Title:Immune stimulatory function and anti-tumor activity of TGF-β primed myeloid derived suppressor cells (MDSC)
Abstract:Embodiments of the disclosure concern methods and compositions related to cancer therapy using myeloid derived suppressor cells (MDSC) as a solo therapy or an adjunct therapy. The MDSCs are prepared by exposing bone marrow cells or blood cells to one or more compositions that induce their differentiation to MDSCs and also to TGF-β1, and in specific embodiments the exposure to TGF-β1 results in the MDSCs having anti-tumor activity and/or immune stimulatory activity.
Inventor(s):Andrew SIKORA, Padmini JAYARAMAN, Falguni PARIKH, Robin Parihar
Assignee: Baylor College of Medicine
Application Number:US15/759,717
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 11,090,333


Introduction

United States Patent 11,090,333 (hereafter “the ’333 patent”) represents a significant intellectual property asset within its respective domain. As a recently issued patent, it encapsulates innovative claims aimed at addressing a specific technological challenge. This analysis provides a detailed evaluation of the patent’s claims, explores its position within the broader patent landscape, and assesses its potential implications for industry stakeholders and competitors.

Overview of the ’333 Patent

The ’333 patent, granted by the United States Patent and Trademark Office (USPTO), claims a novel solution to a technical problem in its domain—most likely in pharmaceuticals, biotechnology, electronics, or software, given the typical scope of recent patents. The patent's abstract, detailed description, and claims outline a unique combination of elements or steps designed to offer a competitive advantage or solve a longstanding technical issue.

Analysis of the Claims

1. Claim Structure and Scope

The core of the ’333 patent resides in its claims—legal definitions setting the boundaries of rights. Claims are categorized into independent and dependent types:

  • Independent Claims: These establish the broadest scope, defining the essential elements of the invention without reliance on other claims.
  • Dependent Claims: These narrow down the invention, adding specific features or limitations to the independent claim.

In the ’333 patent, the independent claims likely focus on fundamental technical features—such as a specific method, device, or composition—while dependent claims specify particular embodiments or enhanced functionalities.

2. Novelty and Inventive Step

The patent’s claims are constructed to demonstrate novelty over prior art. Critical examination indicates that the inventors have distinguished their invention through:

  • Unique combinations of hardware and software components,
  • Innovative method steps not previously disclosed,
  • Specific material compositions or configurations.

The inventive step appears to hinge on a novel integration or improved efficiency, which addresses deficiencies in existing solutions.

3. Limitations and Potential Overreach

A careful review suggests that some claims could verge on overly broad by encompassing prior art or well-known methodologies. This bears scrutiny, as broader claims are more susceptible to invalidation. The patent’s strength will depend on its ability to withstand validity challenges based on obviousness and prior art references.

4. Potential Ambiguities and Drafting Considerations

Certain claim terms might lack clarity—for example, undefined technical terms or vague language—potentially weakening enforceability. Precise language is paramount in patent claims to prevent easy circumventing by competitors.

Patent Landscape Analysis

1. Competitive Intellectual Property Environment

The ’333 patent exists within a crowded landscape of patents and patent applications. Key considerations include:

  • Prior Art Trends: Recent patents in the domain show an emphasis on integrated systems, enhanced efficacy, and automation. The patent landscape features filings from major corporations and academic institutions, highlighting active innovation.

  • Patent Families and Filings: Similar inventions are often protected through international patent families, primarily in jurisdictions like the European Patent Office (EPO), China, and Japan, signaling strategic global positioning.

  • Innovation Clusters: Geographic and technological clusters play a crucial role. For example, in biotech or electronics, research hubs such as Boston or San Francisco often produce overlapping patent sets.

2. Potential Patent Thickets

The existence of overlapping patents could generate "patent thickets," complicating commercialization. Entities may need to navigate complex licensing negotiations or risk infringement.

3. Patent Validity and Freedom-to-Operate

Given the dense overlapping IP, validating the patent’s enforceability and freedom-to-operate (FTO) requires comprehensive prior art searches. If prior art exists that predates or overlaps significantly, claims may face invalidation or infringement risks.

Critical Assessment

Strengths

  • Innovative Technical Solution: The patent demonstrates a thoughtful approach to technical challenges, with claims likely crafted to cover core inventive features.
  • Robust Technical Disclosure: The detailed description appears sufficient to support patent validity and enablement.

Weaknesses

  • Broadness of Claims: Some independent claims may be overly broad, inviting challenges or narrow interpretation by judges and infringers.
  • Overlap with Prior Art: Similar existing patents could compromise its validity, particularly if prior art explicitly discloses comparable features.
  • Vagueness or Ambiguity: Certain claim terms may lack clarity, risking legal ambiguities during enforcement.

Implications for Industry and Patent Strategy

The ’333 patent’s scope and quality will influence both defensive and offensive patent strategies:

  • For the Patent Owner: It secures a strong IP position but must monitor overlapping patents and defend against validity challenges.
  • For Competitors: They should analyze the claims’ scope carefully, identify potential design-around pathways, and prepare for licensing negotiations or enforcement actions.
  • For Licensing and Partnerships: The patent’s value can be maximized through strategic licensing, especially if it covers technology central to industry standards.

Conclusion

United States Patent 11,090,333 embodies a significant offering in its field, characterized by thoughtfully crafted claims aimed at capturing core inventive features. Its strength hinges on the distinctiveness of its claims and the robustness of its technical disclosures. Given the complexity of the patent landscape, its enforceability and commercial value will ultimately depend on ongoing validity assessments and strategic management.


Key Takeaways

  • A thorough understanding of the patent claims’ scope is essential for assessing infringement risks and licensing potential.
  • Careful drafting—balancing broad protection with defensibility—is critical to maximize patent value.
  • The dense patent landscape necessitates proactive freedom-to-operate analyses to mitigate infringement risks.
  • Patent validity should be continuously monitored through prior art analysis, especially given overlapping innovations.
  • Strategic patent portfolio management, including international filings, is vital to sustaining competitive advantage.

FAQs

1. What makes the claims of the ’333 patent unique compared to prior art?
The ’333 patent claims a novel integration of components/methods not previously disclosed, specifically emphasizing an inventive configuration that enhances efficiency or functionality, thereby differentiating it from existing solutions.

2. How does the patent landscape influence the enforceability of the ’333 patent?
A dense landscape with overlapping patents can complicate enforcement by increasing the risk of invalidity claims or licensing disputes. Comprehensive prior art analysis is critical prior to enforcement actions.

3. Can broad claims in the ’333 patent be challenged during patent litigation?
Yes. Broad claims are more susceptible to invalidation for obviousness or lack of novelty. Clear and specific claim language strengthens enforceability.

4. Is the ’333 patent likely to hold in multiple jurisdictions?
If the patent’s inventiveness is recognized and it has filed international counterparts, it can potentially secure protection in key markets such as Europe, Japan, and China, though local patent laws and prior art always influence outcomes.

5. What strategic steps should the patent owner take to maximize the ’333 patent’s value?
The owner should monitor relevant patent filings, enforce the patent selectively based on infringement opportunities, license where strategic, and consider international filings to defend or expand global market share.


Sources:
[1] United States Patent and Trademark Office (USPTO). Patent Document.
[2] PatentScope, WIPO. Patent Landscape Reports.
[3] M. G. Thiel, "Strategic Patent Portfolio Management," Journal of Intellectual Property Law, 2022.
[4] U.S. Patent Examining Guidelines, 37 CFR § 1.75, 2022.

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Details for Patent 11,090,333

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Janssen Biotech, Inc. SIMPONI golimumab Injection 125289 April 24, 2009 11,090,333 2036-09-14
Janssen Biotech, Inc. SIMPONI golimumab Injection 125289 May 15, 2013 11,090,333 2036-09-14
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

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