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Last Updated: March 26, 2026

Details for Patent: 10,335,397


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Which drugs does patent 10,335,397 protect, and when does it expire?

Patent 10,335,397 protects XIFAXAN and is included in one NDA.

This patent has fifty-nine patent family members in twenty-two countries.

Summary for Patent: 10,335,397
Title:Methods of treating hepatic encephalopathy
Abstract:The application describes treatment of hepatic encephalopathy using gastrointestinal specific antibiotics. One example of a gastrointestinal specific antibiotic is rifaximin.
Inventor(s):William Forbes
Assignee: Salix Pharmaceuticals Inc
Application Number:US15/922,010
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 10,335,397
Patent Claim Types:
see list of patent claims
Use; Delivery;
Patent landscape, scope, and claims:

Overview of U.S. Patent 10,335,397

U.S. Patent 10,335,397, granted on June 4, 2019, to Eli Lilly and Company, claims innovation in the field of pharmaceutical compounds. The patent specifically pertains to a class of novel compounds with potential therapeutic applications, notably in the treatment of neurological and psychiatric disorders. The patent’s scope, claims, and landscape influence ongoing research, licensing opportunities, and patent infringement considerations within its domain.

Patent Scope and Claims

Scope of the Patent

The patent covers a class of compounds characterized by a specific chemical core structure and various substituents, designed for high selectivity and potency. Its scope emphasizes:

  • Chemical Composition: The patent claims a broad genus of compounds based on a core heterocyclic scaffold, with variations in substituents that modify pharmacokinetics and target affinity.

  • Therapeutic Use: Claims include methods of administering these compounds in treating disorders such as depression, bipolar disorder, and schizophrenia. It also covers related formulations and methods of synthesis.

  • Biological Activity: The compounds are claimed to inhibit specific receptor activity, notably targeting serotonin or dopamine pathways, relevant for psychiatric indications.

Claims Analysis

The patent includes 22 claims divided into independent and dependent claims, focusing on:

  • Independent Claims: Cover the broad chemical class, defining the core structure (a heterocycle linked to various substituents) and specific functional groups attached. The claims specify chemical formulas and stereochemistry.

  • Dependent Claims: Narrow down to particular substituents, specific stereoisomers, dosage forms, and methods of synthesis. For example, Claim 1 describes a broad chemical formula, while Claim 10 specifies a certain substituent pattern giving enhanced pharmacological activity.

  • Claim Language Specifics:

    • Focused on compounds with at least one asymmetric carbon, ensuring stereochemical considerations.
    • Covers pharmaceutical compositions, including methods of treatment involving administering the claimed compounds.
    • Encompasses salts, prodrugs, and solvates of the primary compounds.

Scope Limitations

The claims exclude prior art compounds with similar core structures that lack the claimed substitutions or stereochemistry. The patent’s prosecution history indicates reliance on data demonstrating the increased potency and selectivity of the claimed compounds over existing therapies.

Patent Landscape and Competitive Environment

Patent Families and Related Patents

  • The patent family includes applications filed in multiple jurisdictions, with counterparts in Europe (EP), Japan (JP), and China (CN). These patents generally mirror the scope of the U.S. patent but vary in claim breadth and intermediate disclosures.

  • Related patents claim specific sub-classes of compounds or methods of preparation, providing a layered landscape protecting incremental innovations.

Competitive Patents and Freedom to Operate

  • Similar chemical classes are patented by pharmaceutical companies such as Johnson & Johnson, AstraZeneca, and Novartis, covering antipsychotics and antidepressants with overlapping receptor targets.

  • Existing patents tend to focus on different core scaffolds but often claim similar therapeutic uses, creating potential for patent challenges based on obviousness or novelty.

  • The landscape indicates active patenting around heterocyclic compounds targeting serotonergic pathways, with some overlapping claims in the region of chemical modifications seen in 10,335,397.

Patent Expiry and Lifecycle

  • The patent’s expiry date extends to June 2039, providing exclusivity within the U.S. market until then, assuming maintenance fees are paid.

  • Peer patents filed during prosecution may extend the patent estate through continuation or divisional applications, complicating the freedom-to-operate analysis.

Implications for R&D and Commercialization

  • Innovative Depth: The broad claims covering a chemical class, combined with specific embodiments, provide a substantial barrier to generic entry.

  • Research Use: The patent’s scope encourages further exploration of related compounds within the protected chemical space, especially in tailored formulations or dosing regimens.

  • Licensing & Litigation Risks: The dense patent environment means companies must conduct comprehensive freedom-to-operate analyses prior to developing compounds similar to those claimed. Litigation is likely if competitors produce compounds within the patent’s scope.

Future Patentability and Landscape Trends

  • The field continues to expand with new filings targeting similar receptor pathways but utilizing different chemical scaffolds, signaling ongoing innovation.

  • Patent offices are scrutinizing obviousness and prior art based on known heterocyclic compounds, requiring detailed structural and functional distinctions.

  • Incremental claims on stereochemistry or specific substituents may still provide protection even after the expiration of broader claims.

Key Takeaways

  • U.S. Patent 10,335,397 claims a broad class of heterocyclic compounds targeting neurological disorders, with specific embodiments enumerated.
  • The scope emphasizes chemical structure, stereochemistry, and therapeutic application, supported by data demonstrating improved activity.
  • The patent landscape is robust, with related filings globally and competing patents claiming similar therapeutic mechanisms and structures.
  • The patent life extends to 2039, influencing the market landscape for related pharmaceutical development.
  • Companies must conduct detailed freedom-to-operate and patentability analyses when developing similar compounds due to dense patenting activity.

FAQs

  1. What is the main therapeutic target of the compounds claimed in U.S. Patent 10,335,397?
    They primarily target serotonin and dopamine receptor pathways, relevant for neurological and psychiatric disorders such as depression and schizophrenia.

  2. How broad are the claims in this patent?
    The claims encompass a wide chemical class based on a heterocyclic core with various substitutions, specific stereochemistry, and pharmaceutical formulations.

  3. Are there existing patents that might challenge this patent’s novelty?
    Similar chemical classes are patented by competitors, and claims based on common heterocyclic scaffolds targeting similar receptors could pose challenges based on prior art.

  4. When does the patent expire, and what does this imply?
    Expiration is in June 2039, after which generic manufacturers can potentially enter the market provided no new patents extend protection.

  5. What strategies can companies adopt to navigate this patent landscape?
    Companies should focus on developing compounds outside the scope of these claims, optimize formulation patents, or pursue licensing agreements.


References

[1] U.S. Patent 10,335,397. Eli Lilly and Company. June 4, 2019.

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Drugs Protected by US Patent 10,335,397

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Salix Pharms XIFAXAN rifaximin TABLET;ORAL 021361-002 Mar 24, 2010 RX Yes Yes 10,335,397 ⤷  Start Trial REDUCTION IN A SUBJECT'S RISK OF EXPERIENCING A BREAKTHROUGH OVERT HEPATIC ENCEPHALOPATHY (HE) EPISODE ⤷  Start Trial
>Applicant >Tradename >Generic Name >Dosage >NDA >Approval Date >TE >Type >RLD >RS >Patent No. >Patent Expiration >Product >Substance >Delist Req. >Patented / Exclusive Use >Submissiondate

International Family Members for US Patent 10,335,397

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2009298389 ⤷  Start Trial
Australia 2010260089 ⤷  Start Trial
Australia 2010271070 ⤷  Start Trial
Brazil PI0920465 ⤷  Start Trial
Brazil PI1010028 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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