United States Drug Patent 10,369,117: Claim Scope, Miebo Coverage, and Patent Landscape

U.S. Patent No. 10,369,117 protects a method of treating meibomian gland dysfunction (MGD) by applying perfluorohexyloctane, a liquid semifluorinated alkane, to the ocular surface. The patent is method-of-use protection rather than a broad composition patent. Its commercial relevance is tied to perfluorohexyloctane ophthalmic products, including Miebo, approved by the FDA in 2023 for evaporative dry eye disease associated with MGD.

The core infringement risk is concentrated in use of perfluorohexyloctane for MGD, particularly where the product is applied to the cornea or conjunctiva and is promoted as penetrating or solubilizing obstructive meibum. The patent does not, based on the supplied claims, cover every use of perfluorohexyloctane, every dry-eye treatment, or every MGD device.

What does U.S. Patent 10,369,117 protect?

The patent protects a specific therapeutic combination of:

A patient with MGD.
Administration to the corneal or conjunctival surface.
A liquid semifluorinated alkane.
The specific compound F(CF2)6(CH2)8H.
Efficacy in spreading over the ocular surface.
Penetration into the meibomian glands or ducts.
Solubilization of abnormal meibomian secretions.

F(CF2)6(CH2)8H is perfluorohexyloctane, also written as perfluorohexyl octane. It is the active pharmaceutical ingredient in Miebo, marketed by Bausch + Lomb under license from Novaliq GmbH. The compound is a single-component, water-free semifluorinated alkane with both fluorinated and hydrocarbon segments.

Independent claim 1

Claim 1 is the principal method claim. It requires all of the following limitations:

Limitation	Scope
Treatment method	Must be a method for treating MGD
Patient	Administration must be to a patient in need
Dosage form	Composition must contain a liquid semifluorinated alkane
Active compound	The alkane must be F(CF2)6(CH2)8H
Route/site	Applied to the corneal and/or conjunctival surface
Surface behavior	Effective in spreading over the ocular surface
Gland behavior	Effective in penetrating meibomian glands and/or ducts
Secretions	Effective in solubilizing abnormal meibomian secretions

A product that contains perfluorohexyloctane but is used only for a non-MGD indication would not satisfy the express MGD limitation. Conversely, an MGD product can present infringement risk even if its label uses different terminology, if the claimed therapeutic purpose and ocular administration are established through labeling, promotional materials, clinical protocols, or prescribing conduct.

The claim contains both structural and functional limitations. The structural limitation identifies the compound. The functional limitations describe what the composition must be capable of doing in the claimed treatment.

Dependent claims 2 through 7

Claims 2 through 7 narrow the disease condition or therapeutic effect:

Claim 2 covers increased-viscosity secretions or secretions containing particulate cellular material.
Claim 3 covers obstructed meibomian gland ducts.
Claim 4 covers deficient or unstable tear-film lipid layers.
Claim 5 requires the composition to be free of a therapeutically effective amount of an ophthalmically active drug substance.
Claim 6 covers MGD associated with keratoconjunctivitis sicca, dry-eye disease, or evaporative dry-eye disease.
Claim 7 requires solubilization of meibum lipids and removal of abnormal, obstructive meibum from clogged ducts.

Claims 3, 6, and 7 are particularly relevant to commercial products because they align with the clinical and regulatory description of evaporative dry eye associated with MGD.

Claims 8 and 9

Claim 8 requires that the composition consist of F(CF2)6(CH2)8H. This excludes additional formulation components, such as preservatives, surfactants, buffers, emulsifiers, or other active or inactive ingredients, depending on the applicable construction of “consists of.”

Claim 9 requires the composition to be free of any active ingredients. It is narrower than claim 1 because it excludes combinations containing active pharmaceutical ingredients. It may still cover a product containing perfluorohexyloctane as the only active component, even if the commercial product includes nonactive manufacturing or packaging residues that do not alter the legal composition.

How strong is the patent estate for perfluorohexyloctane and MGD?

The patent is strongest against a product that:

Contains perfluorohexyloctane as the sole active component.
Is labeled for MGD-associated evaporative dry eye.
Is applied directly to the ocular surface.
Is promoted as restoring the lipid layer or improving meibum flow.
Is described as dissolving, thinning, or removing obstructive meibum.

The patent is weaker against products that use:

A different semifluorinated alkane.
A different chemical class, such as a mineral oil, phospholipid, emulsion, or lipid mixture.
A non-MGD indication.
A mechanical or thermal treatment without perfluorohexyloctane.
A formulation that does not satisfy the claimed composition limitations.

The central vulnerability is that claim 1 is limited to one chemical identity. It does not cover the entire genus of semifluorinated alkanes. A competing product using a structurally different SFA could avoid literal infringement, although doctrine-of-equivalents issues would depend on the chemical and therapeutic differences.

What formulations are protected by U.S. Patent 10,369,117?

The claims protect formulations containing perfluorohexyloctane when used in the claimed MGD treatment. The patent does not require an emulsion, aqueous vehicle, preservative, viscosity modifier, or surfactant.

Formulations likely within the claim scope

A composition is more likely to fall within the claims if it is:

Substantially or entirely perfluorohexyloctane.
A liquid applied directly to the eye.
Packaged as an ophthalmic drop.
Used for MGD or evaporative dry eye.
Marketed as improving meibum quality, gland patency, or the tear-film lipid layer.

Formulations with potential design-around value

A formulation may present reduced literal infringement risk if it:

Uses a different SFA.
Uses perfluorohexyloctane only as a component of a product not intended to treat MGD.
Contains a different therapeutic agent and is not promoted for the claimed mechanism.
Is administered through a non-ocular route.
Is used solely with a device for mechanical gland expression, without applying the claimed composition.

The presence of excipients does not automatically avoid claim 1. Claim 1 requires a composition “comprising” the specified compound, so additional ingredients ordinarily remain permissible. Claims 8 and 9 are narrower because they use “consists of” or require the absence of active ingredients.

What method-of-use protection does the patent provide?

The patent is directed to MGD treatment, not merely symptom relief from nonspecific dry eye. The relevant therapeutic mechanism is correction of abnormal meibum and restoration of the tear-film lipid layer.

The claims cover several overlapping clinical descriptions:

Clinical description	Covered by supplied claims?
MGD generally	Yes
Obstructive MGD	Yes, through claim 3
Increased-viscosity meibum	Yes, through claim 2
Particulate cellular material in meibum	Yes, through claim 2
Evaporative dry eye associated with MGD	Yes, through claim 6
Lipid-layer deficiency	Yes, through claim 4
Solubilization of meibum	Yes, through claim 7
Generic aqueous-deficiency dry eye without MGD	Not expressly
Blepharitis without MGD treatment	Not expressly
Mechanical gland expression without the claimed liquid	No

A generic dry-eye label that does not identify MGD may reduce literal label-based infringement risk. It would not necessarily eliminate risk if the product is clinically used and promoted for MGD.

What is the FDA regulatory status of perfluorohexyloctane?

The FDA approved Miebo, formerly NOV03, in May 2023 for the treatment of the signs and symptoms of dry eye disease. The product contains perfluorohexyloctane and is administered as an ophthalmic drop. FDA materials identify its role in reducing tear evaporation and treating evaporative dry eye associated with MGD (U.S. Food and Drug Administration, 2023).

Miebo is a small-molecule ophthalmic drug, not a biologic. A follow-on competitor would generally pursue an abbreviated new drug application (ANDA) if it can establish pharmaceutical equivalence and bioequivalence, or a 505(b)(2) application where reliance on FDA findings is combined with material differences in formulation, dosage form, or clinical use.

What is the Orange Book status of the patent?

U.S. Patent 10,369,117 is commercially relevant to Miebo and perfluorohexyloctane MGD use. Orange Book relevance depends on the patent’s listing status for the approved product, the listed claims, and the FDA’s current product-specific patent table.

For an ANDA applicant, the principal pathway would be a certification under 21 U.S.C. § 355(j)(2)(A)(vii):

Certification	Practical effect
Paragraph I	No patent information is listed
Paragraph II	Listed patent has expired
Paragraph III	Applicant will wait until patent expiration
Paragraph IV	Patent is invalid, unenforceable, or will not be infringed

A Paragraph IV notice would create litigation exposure under the Hatch-Waxman Act. If the NDA holder files suit within the statutory period, FDA approval may be subject to a 30-month stay, subject to statutory exceptions and court developments.

The patent’s exact Orange Book status, listed expiration, and any patent-term adjustment should be confirmed against the current FDA Orange Book and USPTO Patent Center records before a launch or diligence decision. Those dates cannot be derived reliably from the grant number alone.

When does U.S. Patent 10,369,117 lose exclusivity?

The patent’s enforceable term is determined by its effective U.S. nonprovisional filing date, applicable patent-term adjustment, patent-term extension, terminal disclaimer, and any post-grant proceedings. A grant date of August 6, 2019 does not determine the expiration date.

The relevant commercial timeline is:

Event	Date
U.S. patent grant	August 6, 2019
FDA approval of Miebo	May 2023
Core protected product	Perfluorohexyloctane ophthalmic treatment
Principal statutory exclusivity issue	Patent term, Orange Book listing, and regulatory exclusivity
Generic challenge route	ANDA Paragraph IV or 505(b)(2) strategy

FDA regulatory exclusivity is separate from patent exclusivity. Miebo’s approval may provide regulatory protection independent of U.S. Patent 10,369,117, while the patent may continue to restrict commercial launch after FDA exclusivity ends.

Which companies are challenging the perfluorohexyloctane franchise?

The supplied claims and patent number do not establish a current Paragraph IV filer, district-court defendant, inter partes review proceeding, or settlement agreement. The relevant competitive groups are:

Drug competitors

AbbVie, with Restasis cyclosporine ophthalmic emulsion.
Bausch + Lomb and Novartis, with Xiidra lifitegrast ophthalmic solution.
Oyster Point Pharma, acquired by Viatris, with Tyrvaya varenicline nasal spray.
Tarsus Pharmaceuticals, with XDEMVY lotilaner ophthalmic solution for Demodex blepharitis.
Pharmaceutical and specialty-ophthalmology companies developing lipid-layer or tear-evaporation products.

These products do not necessarily practice the supplied claims because they do not use perfluorohexyloctane as the claimed liquid SFA.

Device competitors

MGD is also treated with thermal pulsation, heat-based expression, intense pulsed light, and manual gland expression. Examples include LipiFlow, iLux, and TearCare systems. Device competition can reduce the addressable market for a perfluorohexyloctane drug, but device use alone does not create literal infringement of the supplied composition-and-method claims.

What generic entry risks exist for perfluorohexyloctane?

A generic entrant faces four primary risks.

Literal infringement risk

The highest risk exists where the ANDA product:

Uses the same perfluorohexyloctane compound.
Is labeled for MGD-associated evaporative dry eye.
Is applied to the ocular surface.
Includes label language describing tear-film lipid restoration or meibum effects.

Induced-infringement risk

A generic label can create induced-infringement exposure if it encourages physicians or patients to use the product for the patented MGD indication. Label carve-outs may reduce risk, but their effectiveness depends on the remaining instructions and foreseeable use.

Formulation risk

A formulation difference may avoid a narrow composition claim but still infringe a method claim if the product contains perfluorohexyloctane and is used for MGD. Conversely, adding an excipient does not necessarily avoid claim 1 because that claim is open-ended.

Regulatory timing risk

Even if the patent is vulnerable, FDA approval timing can be affected by listed patents, regulatory exclusivity, pediatric exclusivity, litigation, and settlement terms. Patent litigation and regulatory exclusivity must be analyzed separately.

How does this patent compare with competing dry-eye patent estates?

Product or platform	Primary technology	MGD-specific perfluorohexyloctane claims?	Biosimilar risk
Miebo	Perfluorohexyloctane, water-free ophthalmic drop	Yes, directly relevant	None
Restasis	Cyclosporine emulsion	No	None; generic risk
Xiidra	Lifitegrast solution	No	None; generic risk
Tyrvaya	Varenicline nasal spray	No	None; generic risk
XDEMVY	Lotilaner ophthalmic solution	No	None; generic risk
Thermal pulsation devices	Mechanical/thermal MGD treatment	No	Not applicable
Other SFA products	Semifluorinated alkane or related lipid technology	Potentially, depending on compound and indication	None

The estate is technically focused but commercially meaningful. Its value comes from the alignment between the claimed mechanism, the FDA-approved indication, and the single-ingredient product format.

What licensing deals affect the patent landscape?

Novaliq developed the perfluorohexyloctane technology. Bausch + Lomb commercializes Miebo in the United States under a licensing and commercialization arrangement with Novaliq. The commercial relationship is material because patent ownership and product commercialization are separated between the technology originator and the marketed-product company.

A complete freedom-to-operate review should distinguish:

Patents owned by Novaliq.
Patents licensed to Bausch + Lomb.
Continuation and divisional applications.
Formulation and manufacturing patents.
Product-specific Orange Book listings.
Foreign family members in Europe, Japan, China, Canada, and other major markets.

What manufacturing and geographic barriers apply?

Perfluorohexyloctane is a chemically defined small molecule, so biosimilar development barriers do not apply. The main manufacturing and IP barriers are:

Pharmaceutical-grade purity.
Control of fluorinated impurities.
Consistent water content and chemical stability.
Container-closure compatibility.
Sterility and ophthalmic fill-finish controls.
Demonstration of pharmaceutical equivalence and bioequivalence.
Access to validated raw-material and manufacturing processes.

U.S. patent protection does not automatically establish protection in Europe or other jurisdictions. Foreign family members must be reviewed independently for claim scope, prosecution history, opposition outcomes, and expiration dates.

Key Takeaways

U.S. Patent 10,369,117 is a method-of-use patent focused on treating MGD with perfluorohexyloctane.
Claim 1 requires MGD, ocular-surface administration, the specific compound F(CF2)6(CH2)8H, and claimed spreading, gland penetration, and meibum-solubilization effects.
Claims 2 through 7 narrow the invention to abnormal, viscous, obstructive, or lipid-layer-deficient meibum and MGD-associated dry eye.
Claims 8 and 9 narrow the composition to essentially pure perfluorohexyloctane or a formulation free of active ingredients.
Miebo is the principal commercial product aligned with the claimed technology.
The patent does not cover all dry-eye products, all MGD devices, or all semifluorinated alkanes.
A generic using the same active ingredient and an MGD label would face the highest infringement and Paragraph IV risk.
Perfluorohexyloctane is a small molecule, so biosimilar substitution is not the relevant competitive pathway.
Current expiration, Orange Book listing, Paragraph IV activity, litigation, and settlement terms require review of the live FDA and USPTO records.

FAQs

Is perfluorohexyloctane the same compound named in Miebo?

Yes. Miebo’s active ingredient is perfluorohexyloctane, corresponding to F(CF2)6(CH2)8H.

Does the patent cover perfluorohexyloctane used for ordinary aqueous-deficiency dry eye?

Not expressly. The supplied claims require treatment of MGD. A product directed only to aqueous-deficiency dry eye would not satisfy that express limitation unless the facts supported an MGD use.

Can an MGD product avoid the patent by adding another active ingredient?

Not necessarily. Claim 1 uses “comprising,” so additional ingredients may remain within the claim. Claims 5 and 9 impose separate restrictions concerning active pharmaceutical ingredients.

Are LipiFlow and other MGD devices covered by this patent?

Not by the supplied claims alone. The claims require administration of a composition containing perfluorohexyloctane to the cornea or conjunctiva.

Is a perfluorohexyloctane generic subject to biosimilar approval?

No. Perfluorohexyloctane is a small molecule. A competing product would generally be evaluated through an ANDA or, in some circumstances, a 505(b)(2) application rather than a biosimilar application.

References

U.S. Patent No. 10,369,117. (2019). Treatment of meibomian gland dysfunction with semifluorinated alkanes. United States Patent and Trademark Office.
U.S. Food and Drug Administration. (2023). FDA approves new treatment for dry eye disease. https://www.fda.gov
U.S. Food and Drug Administration. (2023). Miebo prescribing information. Bausch + Lomb Incorporated.
U.S. Food and Drug Administration. (n.d.). Approved drug products with therapeutic equivalence evaluations: Orange Book. https://www.accessdata.fda.gov/scripts/cder/ob/
United States Code, 21 U.S.C. § 355. (2024). Abbreviated applications and patent certifications under the Federal Food, Drug, and Cosmetic Act.

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Bausch And Lomb Inc	MIEBO	perfluorohexyloctane	SOLUTION/DROPS;OPHTHALMIC	216675-001	May 18, 2023		RX	Yes	Yes	⤷ Start Trial	⤷ Start Trial				TREATMENT OF THE SIGNS AND SYMPTOMS OF DRY EYE DISEASE (DED)	⤷ 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

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Australia	2013314303	⤷ Start Trial
Australia	2013314370	⤷ Start Trial
Australia	2016219611	⤷ Start Trial
Australia	2017200907	⤷ Start Trial
Australia	2018201364	⤷ Start Trial
Brazil	112015004997	⤷ Start Trial
>Country	>Patent Number	>Estimated Expiration	>Supplementary Protection Certificate	>SPC Country	>SPC Expiration

Details for Patent: 10,369,117

Which drugs does patent 10,369,117 protect, and when does it expire?

Summary for Patent: 10,369,117