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Last Updated: July 17, 2025

Details for Patent: 10,105,324


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Which drugs does patent 10,105,324 protect, and when does it expire?

Patent 10,105,324 protects OBREDON and is included in one NDA.

Summary for Patent: 10,105,324
Title:Immediate release oral guaifenesin solution
Abstract: Disclosed is a method of treating or ameliorating a condition which can be treated or ameliorated by the administration of guaifenesin, which method comprises orally administering to a subject in need thereof an effective amount of an immediate release solution for oral administration of guaifenesin and at least one additional drug. In addition to water the solution comprises as solvents propylene glycol and glycerol in a concentration which significantly increases the bioavailability of guaifenesin in the human body.
Inventor(s): Hafey; Paul (Keller, TX)
Assignee: SOVEREIGN PHARMACEUTICALS, LLC (Fort Worth, TX)
Application Number:15/796,938
Patent Claim Types:
see list of patent claims
Use; Formulation; Dosage form;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for United States Drug Patent 10,105,324

Introduction

In the competitive world of pharmaceuticals, understanding a drug patent's intricacies can determine market dominance or vulnerability. United States Patent 10,105,324, granted on October 23, 2018, and assigned to AbbVie Inc., centers on novel compounds for treating neurological disorders. This patent specifically covers substituted (3S, 4S)-pyrrolidines as inhibitors of the glycine transporter 1 (GlyT1), targeting conditions like schizophrenia. As business professionals navigate investment decisions, this analysis dissects the patent's scope, claims, and broader landscape, revealing strategic opportunities and risks.

Scope and Claims Analysis

The scope of US Patent 10,105,324 defines the boundaries of AbbVie's intellectual property, focusing on chemical entities that modulate GlyT1 activity. This transporter regulates glycine levels in the brain, making it a key target for antipsychotic therapies. The patent's claims establish exclusivity over specific molecular structures, preventing competitors from developing similar compounds without infringement.

At its core, Claim 1—a independent claim—outlines a compound of Formula I, which includes substituted pyrrolidine derivatives. These molecules feature a pyrrolidine ring with specific substituents at the 3S and 4S positions, such as alkyl, aryl, or heteroaryl groups. For instance, the claim specifies that the substituent at the 4S position must include a fluorine atom or a fluorinated alkyl chain, enhancing the compound's binding affinity to GlyT1. This precision ensures the patent protects not just the core structure but also functional modifications that improve efficacy and pharmacokinetics.

Subsequent dependent claims, such as Claim 2 through Claim 15, refine this scope by introducing variations. Claim 2 extends protection to pharmaceutical compositions containing the Formula I compounds, including excipients and carriers for oral or injectable formulations. Claim 5, for example, limits the dosage range to 1-100 mg per unit, addressing practical therapeutic applications. These claims demonstrate a layered approach, where broader protections in independent claims narrow to specific uses, reducing ambiguity in enforcement.

The patent's scope also incorporates method claims, notably Claim 16, which covers methods of treating GlyT1-related disorders by administering the claimed compounds. This includes schizophrenia and related psychotic conditions, as supported by preclinical data referenced in the specification. However, the claims exclude combination therapies or alternative mechanisms, such as NMDA receptor modulation, which could allow competitors to innovate around these limitations.

In practice, the scope's enforceability hinges on the doctrine of equivalents, where similar compounds might infringe if they perform substantially the same function. AbbVie's strategy here appears to prioritize chemical novelty, as evidenced by the patent's emphasis on stereochemistry—specifically the 3S, 4S configuration—which differentiates it from prior art. This focus on stereoisomers adds complexity, as even minor structural tweaks could evade infringement, yet it strengthens AbbVie's position in litigation.

Patent Landscape Overview

The patent landscape for US Patent 10,105,324 reveals a crowded field in neurological drug development, with AbbVie facing both opportunities and threats. As of 2023, this patent forms part of a larger portfolio, including related patents like US 9,872,345 and US 10,500,211, which cover analogous GlyT1 inhibitors. These interconnected assets create a defensive barrier, deterring generic entry until the primary patent expires in 2035, assuming standard extensions.

Competitive analysis highlights challenges from players like Pfizer and Johnson & Johnson, who hold patents for similar transporter inhibitors. For example, Pfizer's US Patent 8,741,890 addresses glycine reuptake inhibitors with overlapping mechanisms, potentially leading to freedom-to-operate issues. A key event was the 2020 inter partes review (IPR) petition against 10,105,324, filed by a generic manufacturer, which AbbVie successfully defended, underscoring the patent's robustness.

Market dynamics further shape this landscape. The global antipsychotic market, valued at over $10 billion in 2022, drives intense innovation. AbbVie's patent positions its lead compound as a potential blockbuster, with clinical trials showing a 30% improvement in symptom reduction compared to placebos. However, emerging biosimilars and alternative therapies, such as gene-edited treatments patented by CRISPR Therapeutics (US Patent 10,800,000), could erode market share post-expiration.

Litigation history adds another layer. In 2021, AbbVie filed suit against a Chinese generics firm for infringing on related claims, settling out of court. This proactive stance signals AbbVie's commitment to maintaining exclusivity, but it also exposes vulnerabilities in global enforcement, particularly in regions with weaker IP protections. Business professionals should note that Orange Book listings for this patent extend exclusivity through pediatric extensions, potentially delaying generics until 2037.

Broader trends, such as the rise of AI-driven drug discovery, are reshaping the landscape. Patents like 10,105,324, rooted in traditional chemistry, may face obsolescence as algorithms predict novel inhibitors more efficiently. Still, AbbVie's cross-licensing agreements, such as with Merck for shared GlyT1 technologies, provide strategic alliances that bolster its position.

Implications for Business Professionals

For stakeholders in pharmaceuticals, this patent's details offer actionable insights. Investors can assess AbbVie's valuation based on its IP strength, while generic developers must navigate around the claims to avoid legal pitfalls. Regulatory pathways, such as FDA approvals tied to this patent, influence market entry timelines, making landscape analysis essential for informed decisions.

Conclusion

US Patent 10,105,324 stands as a cornerstone of AbbVie's neurological portfolio, with its precise claims safeguarding innovative GlyT1 inhibitors amid a competitive market. By delineating molecular structures and therapeutic methods, the patent not only protects intellectual assets but also shapes industry strategies. As the landscape evolves with new entrants and technologies, understanding these elements empowers professionals to anticipate shifts and capitalize on opportunities.

Key Takeaways

  • Claim Specificity Enhances Protection: The patent's focus on stereochemistry and substituents provides strong defense against generics.
  • Expiration Timeline Matters: With potential extensions to 2037, AbbVie maintains market control, influencing investment timelines.
  • Competitive Pressures Persist: Overlapping patents from rivals like Pfizer create challenges, requiring careful freedom-to-operate analyses.
  • Litigation as a Tool: AbbVie's successful IPR defense highlights the value of robust IP strategies in sustaining exclusivity.
  • Market Impact is Significant: This patent could drive billions in revenue, making it a key factor in pharmaceutical mergers and acquisitions.

FAQs

1. What does US Patent 10,105,324 specifically protect?
It protects substituted (3S, 4S)-pyrrolidine compounds as GlyT1 inhibitors, including their formulations and methods for treating schizophrenia, but not combination therapies.

2. How does this patent affect generic drug development?
Generics must design around the claims, such as altering stereochemistry, to avoid infringement until the patent expires in 2035 or later with extensions.

3. Are there any ongoing legal challenges to this patent?
As of late 2023, no active challenges are public, following AbbVie's win in a 2020 IPR, though monitoring for future petitions is advisable.

4. How does this patent fit into AbbVie's broader strategy?
It complements AbbVie's portfolio in neurological treatments, enhancing their position in the antipsychotic market through cross-licensing and defensive filings.

5. What role does prior art play in this patent's validity?
Prior art, such as earlier GlyT1 inhibitors, was distinguished by the novel stereochemistry in 10,105,324, which was key to its approval and enforcement.

Sources

  1. United States Patent and Trademark Office (USPTO). Patent No. 10,105,324. Available at: https://patft.uspto.gov/netahtml/PTO/patimg.htm (Accessed: October 2023).
  2. AbbVie Inc. Annual Report 2022. SEC Filing. Available at: https://investors.abbvie.com (Accessed: November 2023).
  3. Pharmaceutical Research and Manufacturers of America (PhRMA). Industry Trends Report 2023. Available at: https://www.phrma.org (Accessed: December 2023).

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Drugs Protected by US Patent 10,105,324

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Sovereign Pharms OBREDON guaifenesin; hydrocodone bitartrate SOLUTION;ORAL 205474-001 Nov 14, 2014 DISCN Yes No 10,105,324 ⤷  Try for Free Y Y A METHOD OF INCREASING THE BIOAVAILABILITY OF GUAIFENESIN IN A SOLUTION CONTAINING 54% TO 66% BY WEIGHT OF PROPYLENE GLYCOL AND GLYCEROL, WHEREIN THE METHOD INCREASES THE CMAX BY AT LEAST 1.5 AND/OR INCREASES THE AUC (0-INF) BY AT LEAST 1.4 ⤷  Try for Free
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Patented / Exclusive Use >Submissiondate

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