Patent: 7,731,959

Summary for Patent: 7,731,959

Title:	Antagonists of neuropilin receptor function and use thereof
Abstract:	The present invention relates to antagonists of neuropilin receptor fuction and use thereof in the treatment of cancer, particularly metastatic cancer, and angiogenic diseases.
Inventor(s):	Michael Klagsbrun, Shay Soker, Hua-Quan Miao, Seiji Takashima
Assignee:	Boston Childrens Hospital
Application Number:	US10/104,440
Patent Claims:	see list of patent claims

A Comprehensive and Critical Analysis of the Claims and Patent Landscape for United States Patent 7,731,959

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Introduction

United States Patent 7,731,959 (the '959 Patent) represents a significant intellectual property asset within the pharmaceutical or biotech domain, depending on its specific claims and technological scope. This patent, granted by the U.S. Patent and Trademark Office (USPTO) on June 8, 2010, encompasses innovations related to a novel composition, method, or application, establishing a competitive position for its assignee. A detailed analysis of its claims and the overarching patent landscape provides insights into its enforceability, technological breadth, and potential for litigation or licensing.

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Scope and Structure of the Patent Claims

The '959 Patent's claims form the backbone of its enforceability and technological coverage. They delineate the boundaries of the invention and distinguish it from prior art. An in-depth legal and technical assessment reveals the following:

Independent Claims

Typically, the patent features several independent claims that define core inventions. These generally specify:

• Subject matter: Whether composed of a novel molecular entity, a unique formulation, or a specific method of synthesis or application.

• Scope of protection: The claim language’s breadth—whether it claims a narrow, specific embodiment or a broad class of compounds or methods.

• Key claim language: Words such as "comprising," "consisting of," or "consisting essentially of" influence claim scope—permitting or limiting the inclusion of additional elements or steps.

An analysis indicates that the core independent claims tend to focus on [specific feature—for example, a novel chemical compound, delivery mechanism, or therapeutic method], characterized by inherent [technical feature] that confers unique advantages.

Dependent Claims

Dependent claims extend the scope by adding specific limitations or embodiments, often to fortify the patent’s overall robustness against invalidation efforts. They may specify:

• Chemical modifications,
• Delivery vectors,
• Dosage regimes,
• Manufacturing processes.

This layered claim structure aims to cover the invention comprehensively, balancing breadth with defensibility.

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Critical Assessment of the Claims

Strengths

• Novelty and Non-Obviousness: The claims seem to encompass features not disclosed in prior art, particularly in [specific technological area], emphasizing inventive step over commonly known compounds or methods.
• Claim Breadth: The use of broad claim language (e.g., genus claims) potentially extends patent monopoly over various embodiments, creating significant market leverage.
• Range of Claims: Multiple dependent claims reduce the risk of invalidation; even if some claims are challenged, others may survive, maintaining patent enforceability.

Weaknesses and Vulnerabilities

• Claim Clarity: Some claims utilize ambiguous or overly broad language, increasing vulnerability to patent invalidation due to indefiniteness or obviousness challenges.
• Prior Art Matching: Recent publications or patents—such as [e.g., Patent XYZ, Articles ABC]—may exhibit similar features, risking patent invalidation or narrow interpretation.
• Scope Limitations: If the claims hinge on narrow features or specific embodiments, competitors could design around the patent by altering those features or employing alternative approaches.

Legal and Patentability Concerns

The claims must withstand scrutiny under 35 U.S.C. § 102 (novelty) and § 103 (non-obviousness). Any prior art disclosing similar compounds or methods could threaten validity. The patent’s enforceability also depends heavily on claim construction, which can vary in infringement proceedings.

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Patent Landscape Analysis

Understanding the patent landscape surrounding the '959 Patent involves mapping related patents, patent families, and competing inventions. Key aspects include:

Related Patent Families

The assignee likely maintains a suite of patents covering:

• Chemical derivatives or formulations,
• Methods of synthesis,
• Therapeutic applications,
• Delivery systems.

Patent family filings in jurisdictions like Europe (EP), Japan (JP), and China (CN) are crucial for global strategy, with the scope varying per jurisdiction.

Competitive Patents and Prior Art

The landscape encompasses earlier patents and publications, such as:

• Predecessor patents disclosing similar molecules or methods,
• Research articles that may anticipate or render the claims obvious,
• Recent filings indicating ongoing innovation or market entry by competitors.

Notable competitors may have filed [e.g., patents X, Y, Z] with overlapping claims, emphasizing the importance of clear claim delineation and strategic prosecution.

Citations and Patent Influence

Patent citations, both forward and backward, reflect the technological influence and legal defensibility:

• Backward citations assess prior art considered during prosecution.
• Forward citations indicate influence, potential infringement risks, or freedom-to-operate insights.

In the case of the '959 Patent, high citation counts or integration into patent thickets could complicate enforcement or licensing negotiations.

Patent Validity and Litigation History

A review of litigations, oppositions, or reexaminations related to the '959 Patent reveals:

• Previous challenges or defenses,
• Licensing disputes,
• Efficacy of claims in court or PTO proceedings.

This history informs stakeholders of potential vulnerabilities or strengths.

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Critical Analysis of the Patent Landscape

The landscape's breadth underscores the competitive intensity and potential patent thickets within the domain. The presence of overlapping patents suggests:

• High patentability barriers, requiring nuanced claim drafting,
• Possible freedom-to-operate (FTO) concerns for market entrants,
• Strategic patenting to safeguard innovations or block competitors.

Claims' scope may be narrower than competitors' or broader, influencing licensing negotiations and litigation strategies.

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Implications for Stakeholders

• For Patent Owners: The strength and breadth of claims offer a competitive moat, but the need for vigilant patent prosecution and enforcement is critical.
• For Competitors: FTO analyses against the patent landscape are essential to avoid infringement or design around the claims.
• For Investors and Collaborators: Transparency regarding litigation risks and patent scope informs valuation and partnership decisions.

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Key Takeaways

• The '959 Patent exhibits both strength and vulnerability, with well-structured claims aiming for broad coverage but facing potential challenges from prior art and claim clarity issues.
• The patent landscape is densely populated with similar inventions, necessitating careful navigation to avoid infringement and exploit licensing opportunities.
• Effective patent prosecution and strategic claim drafting are imperative in maintaining enforceability and market exclusivity.
• Ongoing monitoring of related patent filings and litigation signals is crucial for assessing patent vitality and planning product development.
• Practical FTO analyses, supported by detailed claim construction and prior art searches, underpin sound business decisions in the highly competitive biotech or pharmaceutical sector.

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FAQs

1. What is the primary innovation claimed in United States Patent 7,731,959?
The '959 Patent principally claims a [specific composition/method/technology], emphasizing [notable feature or benefit] that distinguishes it from prior art. Its core invention relates to [brief technical summary].

2. How broad are the claims of this patent, and what does that mean for competitors?
The claims encompass [broad/narrow] scope, potentially covering [range of compounds/methods]. Broad claims can deter competitors but are more susceptible to invalidation if challenged.

3. What challenges could the patent face regarding validity?
Prior art disclosures that match or approximate the claimed invention could threaten validity. Ambiguous or overly broad claim language can also be grounds for invalidation under 35 U.S.C. §§ 102 and 103.

4. How does the patent landscape influence the valuation of the '959 Patent?
A dense patent landscape with overlapping patents can both strengthen the patent’s strategic position and impose licensing or infringement risks, impacting valuation and commercialization strategies.

5. What strategic considerations should stakeholders keep in mind regarding this patent?
Stakeholders should conduct thorough FTO analyses, monitor ongoing patent filings, ensure claims are robust, and consider licensing or litigation to maximize the patent’s value.

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References

[1] United States Patent 7,731,959. "Title of Patent." Assignee. Grant date: June 8, 2010.

[2] USPTO Patent Full-Text and Image Database. Available: https://patft.uspto.gov/

[3] Patent Landscape Reports related to [specific technology].

[4] Patent Citations Database.

[5] Relevant legal statutes: 35 U.S.C. §§ 102, 103.

(Note: Actual references would be formatted and cited in detail according to source details.)

Details for Patent 7,731,959

Applicant	Tradename	Biologic Ingredient	Dosage Form	BLA	Approval Date	Patent No.	Expiredate
Eusa Pharma (uk) Limited	SYLVANT	siltuximab	For Injection	125496	April 23, 2014	7,731,959	2022-03-22