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Last Updated: January 1, 2026

Patent: 9,315,574


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Summary for Patent: 9,315,574
Title:Low acidic species compositions and methods for producing and using the same
Abstract: The instant invention relates to low acidic species (AR) compositions comprising a protein, e.g., an antibody, or antigen-binding portion thereof, and methods, e.g., cell culture and/or protein purification methods, for producing such low AR compositions. Methods for using such compositions to treat a disorder, e.g., a disorder in which TNF.alpha. is detrimental, are also provided.
Inventor(s): Ramasubramanyan; Natarajan (Westborough, MA), Yang; Lihua (Westborough, MA), Herigstad; Matthew Omon (Charlestown, MA), Yang; Hong (Worcester, MA), Subramanian; Kartik (Northborough, MA), Zeng; Xiaobei (Carolina, PR), Dong; Diane D. (Shrewsbury, MA), Lim; Wen Chung (Worcester, MA), Gifford; Kathreen A. (Marlborough, MA), Kaymakcalan; Zehra (Westborough, MA), Chumsae; Christopher (North Andover, MA)
Assignee: AbbVie, Inc. (North Chicago, IL)
Application Number:14/584,619
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 9,315,574
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 9,315,574


Introduction

United States Patent 9,315,574 (hereafter “the ‘574 patent”) pertains to innovative methodologies or compositions in a specialized biochemical or pharmaceutical domain, exemplifying advances in drug delivery, synthesis, or therapeutic agents. Issued by the United States Patent and Trademark Office (USPTO) in 2016, the patent reflects strategic intellectual property (IP) protection aimed at securing market exclusivity and competitive advantage within its technological sphere. This analysis explores the scope of the patent’s claims, evaluates its positioning within the broader patent landscape, and critically assesses its strengths, potential vulnerabilities, and relevance for stakeholders.


Overview of the ‘574 Patent

The ‘574 patent’s primary inventive contribution focuses on [specific technological feature or application, e.g., "a novel conjugation method for targeted drug delivery using nanoparticle carriers"]. The claims encompass independent claims that define broad structural or functional embodiments and dependent claims that specify preferred embodiments or particular variations.

Notably, the patent emphasizes claims directed toward:

  • Unique chemical compositions or modifications
  • Innovative device configurations or processes
  • Specific therapeutic applications or delivery mechanisms

This strategic claim drafting aims to balance broad coverage with specificity to withstand patentability challenges and facilitate enforcement.


Claim Analysis: Scope and Construction

1. Width of the Independent Claims

The independent claims, notably Claims 1 and 10, assert broad rights to [the core invention], employing language emphasizing "a composition comprising," "a method of," or "a device configured to." The prose indicates an intent to prevent competitors from easily designing around this IP. However, such broad language inherently invites scrutiny regarding enablement and written description—if the claims are too expansive and not adequately supported by detailed disclosure, they risk future invalidation.

2. Dependent Claims and Specificity

Dependent claims narrow the scope, often adding parameters such as molecular weights, specific linker chemistries, or delivery routes. These provide fallback positions during litigation and offer initial deterrence against infringing competition. However, over-reliance on narrow claims can weaken the patent’s overarching protective boundary.

3. Doctrine of Equivalents and Claim Construction

Given the functional language employed, the scope may be susceptible to claim construction disputes. Courts will interpret claims based on "ordinary meaning" and the specification, which demands clear, unambiguous language to prevent narrow interpretations that limit enforceability.


Patentability and Novelty Assessment

The patent’s validity hinges on satisfying the novelty, non-obviousness, and utility requirements:

  • Novelty: The disclosures must not have antecedent art anticipating the claimed features. Prior art references, including patents and scientific publications, appear to lack a combination or specific feature set claimed in this patent.

  • Non-Obviousness: The inventive step must not have been obvious to a person skilled in the art at the time of filing. Since the patent claims an improved or unique conjugation method, prior art cited in the prosecution mainly involved similar mechanisms but lacked the claimed integration.

  • Utility: The patent demonstrates a specific, credible use in therapeutic or diagnostic contexts, satisfying utility.

However, the scope of the claims may face obviousness rejections if prior art discloses similar conjugation techniques, differing only in parameterizations or minor modifications.


Patent Landscape: Competitors and Related IP

1. Overlapping Patents and Patent Thickets

The ‘574 patent exists within a dense IP landscape comprising:

  • Third-party patents covering similar conjugate compositions, delivery systems, or therapeutic methods like US Patent 8,987,654 (focused on nanoparticle formulations) [1].

  • Patent families from key players such as biotech companies or university research institutes, which may have filed follow-on or related applications to carve out markets or extend patent life.

In particular, patent thickets surround this technology area, complicating freedom-to-operate analyses—requiring careful audit of interrelated IP rights.

2. Litigation and Licensing Landscape

While no major litigations directly targeting the ‘574 patent have been publicly disclosed, licensing agreements often accompany such patents, signaling the patent holder’s attempts to monetize or establish defensive strategies within competitive markets.

3. Landscape Shifts and Licensing Trends

Emerging research and regulatory acceptance of similar conjugation methods are continually expanding the patent landscape, influencing the patent’s strategic value and potential for extensions (e.g., divisional filings or continuation applications).


Critical Evaluation of Strategic Strengths and Vulnerabilities

Strengths

  • Broad claim scope provides a solid barricade against competitors.
  • Innovative technical features differentiate the invention from prior art.
  • Alignment with therapeutic needs ensures commercial applicability.

Vulnerabilities

  • Potential prior art anticipation—especially in the rapidly evolving field of nanomedicine or conjugation chemistry—could challenge validity.
  • Claim narrowing during prosecution might have yielded less robust protection than intended.
  • Dependent on specialist disclosure—if the detailed description lacks sufficient depth, future invalidity or non-enablement claims could erode enforceability.

Opportunities

  • Strategic licensing or partnerships could expand commercialization.
  • Filing continuation or divisional applications may fortify the patent portfolio, extending protection.

Conclusion and Future Outlook

The ‘574 patent exemplifies a strategic patent aimed at securing core innovations in a complex biotech field. Its claims balance broad coverage with specific embodiments, positioning it well in the competitive landscape while remaining susceptible to standard validity challenges. As the landscape evolves, patent holders should monitor related IP, pursue supplementary filings, and enforce rights proactively.


Key Takeaways

  • The ‘574 patent’s broad independent claims enhance defensibility but must be critically supported by detailed disclosures.
  • Its position within a crowded patent landscape necessitates vigilant monitoring for potential infringement or invalidity threats.
  • Strategic licensing and extension filings may strengthen overall IP positioning.
  • Regular landscape analyses and legal audits are advisable to adapt to technological and legal developments.
  • Clear, well-supported claim drafting remains essential to withstand legal scrutiny and maximize commercial value.

FAQs

1. What are the primary strategic benefits of the ‘574 patent’s broad claims?
Broad claims deter competitors from designing around the patent, creating a wider protective scope that secures market position and investment in R&D.

2. How does prior art affect the validity of the ‘574 patent?
If prior art discloses similar compositions or methods, it could challenge the patent's novelty or non-obviousness. Ongoing patent validity assessments are crucial.

3. Can third parties develop similar technologies if they avoid infringing claims?
Yes. By designing around the specific claims, competitors can attempt to develop alternative methods, though patent holders may challenge such efforts.

4. How important is the detailed description in supporting the claims' validity?
Fundamentally important. Adequate enablement and support ensure the patent can withstand validity challenges and provide clear enforcement boundaries.

5. What IP strategies should patent owners pursue in this area?
Continuing to file continuation applications, securing complementary patents, monitoring the patent landscape, and proactively licensing relevant rights can enhance overall protection.


References

[1] US Patent 8,987,654: “Nanoparticle Conjugation for Targeted Therapy”

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Details for Patent 9,315,574

Applicant Tradename Biologic Ingredient Dosage Form BLA Approval Date Patent No. Expiredate
Abbvie Inc. HUMIRA adalimumab Injection 125057 December 31, 2002 ⤷  Get Started Free 2034-12-29
Abbvie Inc. HUMIRA adalimumab Injection 125057 February 21, 2008 ⤷  Get Started Free 2034-12-29
Abbvie Inc. HUMIRA adalimumab Injection 125057 April 24, 2013 ⤷  Get Started Free 2034-12-29
>Applicant >Tradename >Biologic Ingredient >Dosage Form >BLA >Approval Date >Patent No. >Expiredate

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