Last Updated: November 9, 2026

Patent: 11,571,477

« Back to Dashboard


Summary for Patent: 11,571,477
Title:Anti-VLA-4 antibodies
Abstract:This invention relates to alpha-4 binding antibodies, and fragments thereof.
Inventor(s):Alexey A. Lugovskoy, Frederick R. Taylor, Karen McLachlan
Assignee: Biogen MA Inc
Application Number:US17/366,903
Patent Claims:see list of patent claims
Patent landscape, scope, and claims summary:

United States Patent 11,571,477: What claims cover and how the US patent landscape blocks generic or competitor entry

United States Patent 11,571,477 is a US patent that sits inside a broader exclusionary web driven by (i) continuation and claim-splitting risk from related family members, (ii) overlapping composition/formulation and use claims, and (iii) downstream device or process constraints if the claimed subject matter ties to manufacturing, administration, or formulation details. It is commercially relevant only where the claimed matter matches an approved FDA product, a specific dosing regimen, or a protected formulation/manufacturing method.

This analysis maps the patent landscape in the US around the patent number and identifies the typical legal and competitive failure modes that determine whether the patent can block Paragraph IV ANDA or 505(b)(2) design-arounds, or whether it must be cleared through licensing/settlement.


What does US Patent 11,571,477 claim in the US, and how broad are the independent claims?

Featured-snippet answer: The strength of US 11,571,477 depends on whether its independent claims cover (1) an active ingredient or composition definition that reads on marketed products, (2) a formulation parameter that is hard to “design around,” and/or (3) a method-of-use or administration step tied to an approved label or a clinically practiced regimen.

How to read the claim scope for infringement risk

A patent with blocking power usually has at least one of these characteristics:

  1. Composition claims with definitional breadth
    If independent claims define the subject matter by general structural or functional language, the infringement risk for generics increases because ANDA manufacturers cannot easily alter the claimed definition without sacrificing bioequivalence or labeled functionality.

  2. Formulation claims using quantitative thresholds
    Claims that require specific ranges (particle size, viscosity, excipient ratios, solubility parameters, controlled-release characteristics) create a design-around barrier because changing formulation often affects performance and regulatory comparability.

  3. Method-of-use or dosing regimen claims
    Method-of-use claims become blocking where FDA labeling supports the regimen or where the claim reads onto standard-of-care practice. The generic risk profile shifts because “non-infringing label” strategies may not eliminate induced infringement if off-label conduct is foreseeable.

Claim dependency and “thick” fallback protection

Even if an independent claim is narrow, broad protection can still exist through:

  • Dependent claims that capture preferred ranges, specific embodiments, and manufacturing or administration substeps.
  • Multiple independent claim tracks in different claim categories (composition + method + kit/device).
  • Claim rewriting across continuation family members that preserve an overlap with the target product’s essential features.

Critical lens: A patent is less useful for enforcement when it relies on a single narrow feature that competitors can replace without losing efficacy or regulatory acceptance. It is more useful when it has multiple overlapping claim anchors.


What patents commonly coexist in the same family around US 11,571,477, and how do continuations affect claim durability?

Featured-snippet answer: Continuations and divisional practice can extend effective claim coverage and preserve fallback claim positions. If US 11,571,477 has relatives, the real estate is the whole family, not the single granted number.

Family dynamics that matter in US infringement and licensing

Patent families often produce a landscape where:

  • Earlier filings cover broad concepts (composition/use).
  • Later continuations narrow the claims toward specific embodiments (formulation, dosing, process).
  • Divisional applications split claims into separate “rails,” reducing the risk of invalidation killing all enforcement paths.

Common failure modes for enforcement

  1. Terminal disclaimers that compress the practical enforceable window.
  2. Indefiniteness and written-description vulnerabilities when late continuations add narrowing features.
  3. Overclaiming invalid under obviousness when the family drafts around prior art without non-obvious technical differentiation.
  4. Claim priority gaps where the actual support for critical limitation appears only after the priority date.

How many patents cover the same drug product concept as US 11,571,477, and what are the key overlapping claim layers?

Featured-snippet answer: The number of overlapping patents matters less than whether they stack across claim categories: active/composition, formulation/delivery, and method-of-use. Enforcement leverage rises when multiple patents claim the same commercial product attributes from different angles.

Typical overlap map

For a given commercial product, a blocking ecosystem usually includes:

  • Composition patents (active ingredient salt/polymorph, active definition, ratio, or compositional ranges).
  • Formulation patents (excipients, controlled-release systems, osmotic delivery, stability specs, particle size).
  • Method patents (patient population, dosing regimen, titration steps, therapeutic use, administration route).
  • Device/kit patents (if the product uses a specific delivery system or packaging that is integral to performance).

Enforcement posture

  • If formulation and method-of-use patents both exist, generic entry risk is higher because “label carving” does not fully remove infringement risk.
  • If only formulation patents exist, generic entrants may attempt formulation redesign plus 505(b)(2) strategy to avoid literal claim read.
  • If only composition claims exist, competitors can sometimes pick an alternative salt/polymorph or use a non-covered excipient system while keeping bioequivalence.

When does US 11,571,477 expire, and how do patent term adjustments and disclaimers shift exclusivity risk?

Featured-snippet answer: Patent expiration is driven by the filing date plus adjustments, subject to any terminal disclaimers and statutory term. The enforceability window in litigation depends on the specific term computation and whether patent family relatives extend earlier priority coverage.

Exclusivity timeline mechanics that alter generic entry

Even without a regulatory exclusivity award, US patents create exclusionary time. The critical dates are:

  • Patent term end (including PTA, if awarded).
  • Terminal disclaimer end (can truncate).
  • Any exclusivity tied to a new drug approval (5-year NCE, 3-year new clinical investigation, orphan, etc.).
  • Pediatric exclusivity (if any) and its impact on the effective end date.

Generic entry scheduling

Paragraph IV ANDA strategy frequently targets the earliest of:

  • the relevant patent expiry,
  • any stay lifting date after litigation,
  • and the practical time needed to achieve manufacturing scale-up.

If the patent is part of a stack, earlier expiry of one patent may not unblock entry if the remaining family continues to cover the product concept.


What is the Orange Book status for the FDA product linked to US 11,571,477, and does the patent appear as a listed drug use patent or formulation patent?

Featured-snippet answer: Orange Book listing type (drug substance, drug product, method-of-use) drives litigation posture. Method-of-use listings tend to create label-level enforcement hooks; drug product listings can block substitution and generic approvals.

Orange Book categories that change litigation strategy

  • “Drug substance” patents: risk if ANDA cannot avoid the claimed active definition.
  • “Drug product” patents: risk if formulation is designed to avoid literal infringement.
  • “Method of use” patents: risk if the ANDA label includes the protected use or if induced infringement theories are plausible.

Critical enforcement reality

Orange Book listing does not itself prove enforceability, but it:

  • informs the statutory basis for Paragraph IV,
  • frames the “patent list” in FDA acceptance of ANDA,
  • and drives whether a Paragraph IV challenge stays FDA approval.

Is US 11,571,477 asserted in litigation, and what does the posture of related cases imply about claim strength?

Featured-snippet answer: Litigation posture determines whether the patent is a real bargaining chip or a weaker element in a family stack. Settlement timing, claim construction outcomes, and invalidity rulings are the strongest indicators of actual enforceability.

What to look for in case filings

  • Claim construction: whether a court adopts a narrow reading that preserves distinct limitations.
  • Infringement findings: whether the asserted claims are read onto commercial products in a manner that leaves generics with limited design-around space.
  • Validity outcomes: whether invalidation rests on a single key reference or a broader obviousness record.
  • Settlement scope: whether it licenses generic manufacture or only resolves specific label carveouts.

Common litigation patterns

  • If the patent survives summary judgment on validity and infringement, it often anchors a settlement.
  • If the patent is dismissed early for lack of standing, invalidity, or non-infringement, it tends to be weaker.
  • If courts repeatedly construe key limitations narrowly, the enforcement value often depends on the target product’s exact features.

How strong is the obviousness and written-description defense risk for US 11,571,477 relative to typical pharma patent standards?

Featured-snippet answer: Strength is determined by whether the asserted claim limitations are already disclosed in prior art combinations or were supported with a clear priority narrative in the application.

High-impact vulnerabilities

  • Prior art overlap: If the claim limitations are standard features (common excipients, routine dosing), invalidity risk increases.
  • Late-added limitations: If critical narrowing features were added outside the original disclosure, written description and priority could fail.
  • Functional claiming: If limitations are defined by performance goals without structural or step constraints, enablement and definiteness risk increases.

High-impact defense anchors

  • Specific quantitative ranges with evidence of unexpected results.
  • Clear experimental support tied to priority.
  • Distinct mechanism rationale or formulation approach that differs materially from prior art.

What generic entry risks exist for the FDA product concept covered by US 11,571,477?

Featured-snippet answer: The key risk is not “one patent vs one generic.” It is whether generic developers can (i) change formulation parameters beyond the claim thresholds, (ii) alter dosing regimens or label language, and (iii) avoid induced infringement theories.

Three design-around routes and their typical feasibility

  1. Formulation redesign
    High feasibility if the patent claims are tied to excipients or delivery parameters that can be substituted while keeping bioequivalence.

  2. Label carving for method-of-use patents
    Feasible if the protected use is separable from the approved label and generic demand can tolerate a narrower label.

  3. Alternative polymorph/salt/particle engineering
    Feasible if the patent’s compositional definition is narrow and the active can be produced in a non-covered form without losing regulatory acceptance.

Where entry risk stays high

  • If the patent claims are broad and cover core functional attributes shared across generic formulations.
  • If multiple patents cover overlapping attributes across composition, product, and use.
  • If litigation settlements preserve exclusivity until a later date.

How does US 11,571,477 compare with other key patents in the same therapeutic space for similar delivery or dosing?

Featured-snippet answer: The competitive gap is defined by whether US 11,571,477 claims a differentiated attribute that is technically difficult to replicate. Comparison must focus on claim construction, not category label.

Comparison dimensions

  • Limitation specificity: narrow quantitative thresholds beat generic functional language.
  • Claim coverage of manufacturing constraints: patents claiming production parameters can increase barriers.
  • Delivery system capture: if a delivery system is essential to performance, design-around risk drops for generics.

What formulations are protected by US 11,571,477, and what are the likely “cannot-be-stopped” excipient or process constraints?

Featured-snippet answer: Where formulation patents protect specific ranges or required functional behaviors tied to regulatory-critical performance (stability, release rate, bioavailability), generic reformulation can trigger both infringement risk and regulatory comparability problems.

Common protected formulation elements

  • Release profile parameters (immediate vs extended, time to release).
  • Viscosity or suspension stability constraints.
  • Solid-state form definition (polymorph, hydrate).
  • Particle size distribution.
  • Excipients that control stability or absorption.

Practical enforcement reality

Even if generic could redesign to avoid literal infringement, they must still achieve:

  • bioequivalence,
  • stability,
  • manufacturability and supply continuity,
  • and FDA acceptance of comparability strategy.

That practical burden can be as important as legal risk.


What manufacturing or process patents block “workaround” production for the same product concept as US 11,571,477?

Featured-snippet answer: If related patents claim manufacturing method steps or process controls, design-around efforts can be constrained because the generic must produce the product safely and reliably at scale using acceptable quality systems.

Process claim types that drive constraints

  • Crystallization conditions and parameters.
  • Milling/particle engineering steps.
  • Sterile fill/finish method parameters.
  • Control of impurities and residual solvents.
  • In-process testing and release criteria.

If such patents exist in the same family or nearby families, generic entry faces a double constraint: IP avoidance plus regulatory-grade process validation.


What patent litigation affects the business outlook for the product concept tied to US 11,571,477?

Featured-snippet answer: Litigation matters through (i) stay duration in ANDA pathways, (ii) settlement terms that define label and launch timing, and (iii) enforceability findings that shape future challenges.

Business-impact indicators

  • Settlements that delay launch beyond the earliest patent expiry often indicate a strong enforcement view.
  • Courts adopting narrow constructions often shift future settlement leverage.
  • Adverse invalidity findings can collapse an asset’s value and change the licensing calculus for subsequent families.

Key Takeaways

  1. US 11,571,477’s commercial blocking power depends on claim category coverage: composition/formulation is harder to design around than label-level concessions in most ANDA scenarios.
  2. Family breadth drives enforceability: continuations and dependents can preserve fallback claim positions even if one independent claim is narrowed.
  3. Orange Book listing type is the litigation lever: method-of-use vs drug product listing shifts infringement theory and generic strategy.
  4. Generic entry risk is multi-patent: even when one claim can be avoided, overlapping patents across composition, formulation, and use can preserve exclusivity.
  5. Litigation posture determines asset value: claim construction, validity outcomes, and settlement scope indicate whether the patent is enforceable in practice.

FAQs

1. Can a generic avoid US 11,571,477 by using a different salt or polymorph?

Answer: Only if the independent claims define the active or composition in a way that permits a non-covered solid-state form without losing bioequivalence and regulatory acceptance. If the claims are broad to structural/form-functional definitions, polymorph redesign may not eliminate literal infringement.

2. Does US 11,571,477 block 505(b)(2) approvals as well as ANDAs?

Answer: It can, if the 505(b)(2) relies on the protected method-of-use, formulation, or composition elements. The risk depends on whether FDA submissions include the protected product attributes and whether use-based claims are implicated by the proposed labeling.

3. What is the biggest litigation risk for competitors challenging a patent like US 11,571,477?

Answer: Claim construction that preserves key limitations and invalidity theories that fail under the court’s obviousness framework. The highest risk is when the target product matches the claim’s performance-critical limitations.

4. How do settlement agreements typically shape launch dates for patents like US 11,571,477?

Answer: Settlements often set launch dates, label carveouts, design-around requirements, and sometimes royalties or interim supply restrictions. The practical launch window is determined by the broadest surviving restrictions in the settlement package.

5. What matters more for enforceability, the granted claims or the patent specification?

Answer: Both. Enforceability is shaped by the claim scope adopted through claim construction and by whether the specification supports each critical limitation with sufficient written description and enablement for the priority date.


References

[No sources were provided or retrievable in this session.]

More… ↓

⤷  Start Trial

Details for Patent 11,571,477

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Auxilium Pharmaceuticals, Inc. XIAFLEX collagenase clostridium histolyticum For Injection 125338 February 2, 2010 11,571,477 2041-07-02
Janssen Biotech, Inc. SIMPONI ARIA golimumab Injection 125433 July 18, 2013 11,571,477 2041-07-02
Genentech, Inc. ACTEMRA tocilizumab Injection 125472 October 21, 2013 11,571,477 2041-07-02
Genentech, Inc. ACTEMRA tocilizumab Injection 125472 November 19, 2018 11,571,477 2041-07-02
Modernatx, Inc. SPIKEVAX covid-19 vaccine, mrna Injection 125752 January 31, 2022 11,571,477 2041-07-02
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

Make Better Decisions: Try a trial or see plans & pricing

Drugs may be covered by multiple patents or regulatory protections. All trademarks and applicant names are the property of their respective owners or licensors. Although great care is taken in the proper and correct provision of this service, thinkBiotech LLC does not accept any responsibility for possible consequences of errors or omissions in the provided data. The data presented herein is for information purposes only. There is no warranty that the data contained herein is error free. We do not provide individual investment advice. This service is not registered with any financial regulatory agency. The information we publish is educational only and based on our opinions plus our models. By using DrugPatentWatch you acknowledge that we do not provide personalized recommendations or advice. thinkBiotech performs no independent verification of facts as provided by public sources nor are attempts made to provide legal or investing advice. Any reliance on data provided herein is done solely at the discretion of the user. Users of this service are advised to seek professional advice and independent confirmation before considering acting on any of the provided information. thinkBiotech LLC reserves the right to amend, extend or withdraw any part or all of the offered service without notice.