Details for Patent: 10,111,890

Which drugs does patent 10,111,890 protect, and when does it expire?

Patent 10,111,890 protects NUZYRA and is included in one NDA.

This patent has twenty-two patent family members in thirteen countries.

Summary for Patent: 10,111,890

Title:	9-aminomethyl minocycline compounds and uses thereof
Abstract:	Methods and compositions for using a tetracycline compound to treat bacterial infections are described. In one embodiment, for example, the invention provides a method of treating a subject for an infection, comprising administering to said subject an effective amount of 9-[(2,2-dimethyl-propyl amino)-methyl]-minocycline or a salt thereof, such that said subject is treated, wherein the 9-[(2,2-dimethyl-propyl amino)-methyl]-minocycline is administered orally at a dose of about 450 mg per day for two consecutive days, then at a dose of about 300 mg per day for 5 or more days.
Inventor(s):	Tanaka; S. Ken (Bellevue, WA), Tzanis; Evangelos L. (Newtown Square, PA), Garrity-Ryan; Lynne (Melrose, MA), Manley; Amy L. (Phoenixville, PA)
Assignee:	Paratek Pharmaceuticals, Inc. (Boston, MA)
Application Number:	15/667,683
Patent Claim Types: see list of patent claims	Use; Delivery; Dosage form;

United States Patent 10,111,890: A Detailed Analysis of Scope, Claims, and Patent Landscape

Introduction

The United States Patent 10,111,890, titled "9-aminomethyl minocycline compounds and uses thereof," is a patent that describes methods and compositions for using a specific tetracycline compound to treat bacterial infections. This analysis will delve into the scope, claims, and the broader patent landscape surrounding this invention.

Background on the Patent

Invention Overview

The patent US10111890B2 pertains to 9-aminomethyl minocycline compounds, which are derivatives of the antibiotic minocycline. These compounds are designed to treat bacterial infections, offering potential advancements in the field of antimicrobial therapy[4].

Scope of the Patent

Claim Analysis

The scope of a patent is largely defined by its claims. For US10111890B2, the claims include:

• Independent Claims: These define the broadest scope of the invention. For example, Claim 1 might describe the 9-aminomethyl minocycline compound itself, while subsequent claims might detail specific methods of use or compositions containing this compound.
• Dependent Claims: These narrow down the scope by adding additional limitations to the independent claims. For instance, a dependent claim might specify a particular dosage or administration method for the compound[4].

Metrics for Measuring Patent Scope

Research suggests that patent scope can be measured using metrics such as independent claim length and independent claim count. Patents with narrower claims at publication tend to have a higher probability of grant and a shorter examination process[3].

Claims and Patent Scope

Independent Claim Length

The length of independent claims can indicate the complexity and breadth of the invention. Shorter independent claims often suggest a more focused and narrower scope, which can be beneficial in terms of clarity and enforceability[3].

Independent Claim Count

The number of independent claims can also reflect the scope of the patent. A higher number of independent claims might indicate a broader scope, but it also increases the complexity and potential for overlap with existing patents[3].

Patent Landscape

Related Patents and Prior Art

The patent landscape for antimicrobial compounds is dense and evolving. Patents like US10111890B2 must navigate prior art, such as other tetracycline derivatives and their uses. The prior art keywords listed for this patent, including "omadacycline," indicate the presence of similar compounds in the field[4].

Litigation and Enforcement

The broader patent landscape is also influenced by litigation trends. For example, the increase in patent infringement lawsuits, particularly in the pharmaceutical sector, highlights the importance of robust patent claims and thorough prior art searches. The Leahy-Smith America Invents Act (AIA) has also impacted patent litigation by changing the rules for multiple defendants and continuing applications, which can affect the strategy for filing and defending patents[1].

Judicial Precedents and Patent Validity

Presumption of Validity

Each claim of a patent is presumed valid independently of the validity of other claims, as per 35 USC 282. This presumption can be challenged in court, and the validity of claims like those in US10111890B2 would be scrutinized based on criteria such as novelty, non-obviousness, and written description[5].

Obviousness-Type Double Patenting

Cases like Allergan USA, Inc. v. MSN Laboratories Private Ltd. illustrate the complexities of patent validity, particularly regarding obviousness-type double patenting. This doctrine can invalidate claims if they are not patentably distinct from earlier-filed claims, even if they are part of different patents[2].

Industry Impact and Innovation

Incentives for Innovation

The quality and scope of patents like US10111890B2 can significantly impact innovation. Overly broad or unclear patents can lead to increased litigation and licensing costs, potentially diminishing incentives for further research and development. Conversely, well-defined and valid patents can protect innovators and encourage continued investment in new technologies[3].

Market and Clinical Implications

In the pharmaceutical industry, patents like US10111890B2 are crucial for bringing new treatments to market. The approval process, as seen with the FDA approval of eluxadoline tablets in another context, involves rigorous clinical trials and regulatory scrutiny. Patents ensure that the significant investment in research and development is protected, allowing companies to recoup their costs and continue innovating[2].

Conclusion and Future Directions

The United States Patent 10,111,890 represents a significant contribution to the field of antimicrobial therapy. Understanding its scope, claims, and the broader patent landscape is essential for both legal and strategic purposes.

Key Takeaways

• Patent Scope: Defined by independent and dependent claims, with narrower claims often associated with higher grant probabilities and shorter examination processes.
• Patent Landscape: Influenced by prior art, litigation trends, and judicial precedents.
• Industry Impact: Well-defined patents can protect innovators and encourage continued investment in new technologies.
• Future Directions: Continued monitoring of patent litigation and regulatory changes is crucial for navigating the complex landscape of pharmaceutical patents.

Frequently Asked Questions (FAQs)

1. What is the main subject of United States Patent 10,111,890?

The main subject is 9-aminomethyl minocycline compounds and their uses in treating bacterial infections.

2. How is the scope of a patent measured?

The scope can be measured using metrics such as independent claim length and independent claim count.

3. What is the significance of the Leahy-Smith America Invents Act (AIA) in patent litigation?

The AIA made significant changes to the U.S. patent system, including limiting the number of defendants in a lawsuit and affecting the strategy for filing and defending patents.

4. What is obviousness-type double patenting, and how does it affect patent validity?

Obviousness-type double patenting can invalidate claims if they are not patentably distinct from earlier-filed claims, even if they are part of different patents.

5. How do patents impact innovation in the pharmaceutical industry?

Patents protect innovators by ensuring their investments in research and development are safeguarded, allowing them to recoup costs and continue innovating.

Cited Sources:

1. GAO Report: Assessing Factors That Affect Patent Infringement Litigation[1].
2. Allergan USA, Inc. v. MSN Laboratories Private Ltd.: Federal Circuit Court Opinion[2].
3. Patent Claims and Patent Scope: SSRN Paper[3].
4. US10111890B2: Google Patents[4].
5. 35 USC 282: Presumption of validity; defenses[5].

Drugs Protected by US Patent 10,111,890

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Paratek Pharms Inc	NUZYRA	omadacycline tosylate	TABLET;ORAL	209816-001	Oct 2, 2018		RX	Yes	Yes	10,111,890					TREATMENT OF SUBJECTS HAVING BACTERIAL SKIN OR SKIN STRUCTURE INFECTION

International Family Members for US Patent 10,111,890

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Australia	2017305409
Australia	2022203977
Australia	2024205530
Brazil	112019001948
Canada	3031790
China	109789153
European Patent Office	3493813