Details for Patent: 10,576,154

Which drugs does patent 10,576,154 protect, and when does it expire?

Patent 10,576,154 protects MIEBO and is included in one NDA.

This patent has seventy-three patent family members in sixteen countries.

Summary for Patent: 10,576,154

Title:	Semifluorinated alkane compositions
Abstract:	The invention provides novel compositions comprising semifluorinated alkanes and at least one compound sensitive or prone to oxidation. The compositions can be used as medicines that are topically administered to an eye or ophthalmic tissue. The invention further provides kits comprising such compositions.
Inventor(s):	Bernhard Günther, Dieter Scherer, Anthony Pettigrew, Bastian Theisinger, Sonja Theisinger
Assignee:	Novaliq GmbH
Application Number:	US16/041,317
Patent Claim Types: see list of patent claims	Use; Composition; Delivery;

US Patent 10,576,154: Scope, Claims, Expiration, Orange Book Status, and Miebo Patent Landscape

US Patent 10,576,154 protects the topical use of semifluorinated alkanes, principally perfluorohexyloctane, for meibomian gland dysfunction (MGD) and keratoconjunctivitis sicca (KCS), including evaporative and aqueous-deficient dry eye disease. The patent is method-of-treatment coverage, not a standalone composition patent. Its commercial relevance is tied to Miebo, formerly NOV03, marketed by Bausch + Lomb and developed by Novaliq.

The broadest independent claim covers topical administration of a stable liquid composition containing a semifluorinated alkane with the formula F(CF2)n(CH2)mH. The narrower claims focus on F(CF2)6(CH2)8H, the chemical structure of perfluorohexyloctane, and on MGD-related dry eye conditions.

Item	Detail
U.S. patent	10,576,154 B2
Patent type	Method of treatment
Core technology	Topical semifluorinated alkane ophthalmic therapy
Principal compound	Perfluorohexyloctane, F(CF2)6(CH2)8H
Primary indications	MGD and KCS/dry eye disease
Patent holder/developer	Novaliq GmbH and related entities
Commercial product	Miebo ophthalmic solution
U.S. commercial partner	Bausch + Lomb
FDA approval	October 18, 2023
Expected basic term	Through August 12, 2031, based on the published priority and patent-term record
Regulatory protection	Orange Book-listed patent and FDA regulatory exclusivity associated with Miebo

What patents protect perfluorohexyloctane and Miebo?

Miebo is protected by a layered patent estate covering composition, ophthalmic use, formulations, and potentially later-developed methods. US 10,576,154 is the principal indication patent in the estate for MGD and dry eye treatment.

What does US 10,576,154 claim?

Claim 1 requires each of the following elements:

1. A patient with MGD or KCS.
2. Topical administration to an eye or ophthalmic tissue.
3. An effective amount of a stable liquid composition.
4. A semifluorinated alkane having the formula F(CF2)n(CH2)mH.
5. n between 3 and 8.
6. m between 3 and 10.
7. Optional excipients.

The claim does not require the product to be called Miebo, to be manufactured by Novaliq, or to contain perfluorohexyloctane exclusively. It reaches a defined chemical genus and a defined therapeutic use.

Claims 2 and 3 narrow the alkane selection. Claim 3 specifically recites F(CF2)6(CH2)8H. Claim 4 requires a composition consisting of that compound. Claims 10 through 12 separately apply the compound to KCS, MGD, or KCS associated with MGD.

How broad is the claim scope of US 10,576,154?

The patent has meaningful genus coverage but its practical enforcement strength is concentrated in the perfluorohexyloctane claims.

Chemical scope

Claim 1 covers compounds within this range:

Variable	Claimed range
Fluorinated segment, n	3 to 8
Hydrocarbon segment, m	3 to 10
Dosage form	Stable liquid
Administration	Topical
Target	Eye or ophthalmic tissue

The dependent claims identify seven specific compounds, including:

• F(CF2)4(CH2)5H
• F(CF2)4(CH2)6H
• F(CF2)4(CH2)8H
• F(CF2)6(CH2)4H
• F(CF2)6(CH2)6H
• F(CF2)6(CH2)8H
• F(CF2)6(CH2)10H

The commercial compound is F(CF2)6(CH2)8H. Claims 3, 4, 10, 11, and 12 create multiple claim paths directed to that compound.

Indication scope

The patent covers both disease treatment and associated symptoms or conditions. MGD claims include:

• Itchiness
• Redness
• Swelling
• Pain or soreness
• Discharge accumulation
• Crusting at the lid margins
• Gland duct obstruction
• Abnormal gland secretion
• Abnormal lipid delivery to the tear film

The KCS claims include:

• Dry, gritty, scratchy, or sandy eye sensation
• Foreign-body sensation
• Burning or stinging
• Photophobia
• Blurry vision
• Redness
• Mucus discharge
• Contact-lens intolerance
• Reflex tearing
• Aqueous-deficient dry eye
• Evaporative dry eye

The claim set is commercially important because MGD is a major cause of evaporative dry eye. A product administered for MGD-associated dry eye could potentially satisfy both the disease and symptom branches of the patent.

What formulations are protected by US 10,576,154?

The patent protects a stable liquid composition containing the specified semifluorinated alkane. It does not require a particular preservative, buffer, pH, viscosity, container, or dosing schedule.

Claim 13 permits excipients selected from:

• Lipids
• Oils
• Lubricants
• Lipophilic vitamins
• Viscosity agents
• Antioxidants
• Surfactants

Claims 14 and 15 expand the excipient class to include:

• Triglyceride oils
• Mineral oil
• Medium-chain triglycerides
• Oily fatty acids
• Isopropyl myristate
• Oily fatty alcohols
• Sorbitol fatty-acid esters
• Sucrose esters
• Cholesterol esters
• Wax esters
• Glycerophospholipids
• Sphingolipids
• Soybean, olive, sesame, cottonseed, castor, and sweet almond oils
• Petrolatum and liquid paraffin

Claims 4, 10, 11, and 12 are narrower because they require the composition to consist of perfluorohexyloctane, without a separately recited excipient. Those claims may be particularly relevant to a product using neat perfluorohexyloctane.

When does US Patent 10,576,154 lose exclusivity?

The published patent record identifies an August 12, 2031 basic patent-term expiration date for the relevant family, subject to any applicable patent-term adjustment or extension reflected in USPTO records. The patent issued on March 3, 2020.

Milestone	Date
Earliest published family priority	August 12, 2011
U.S. patent issuance	March 3, 2020
Basic 20-year term endpoint	August 12, 2031
Miebo FDA approval	October 18, 2023
FDA three-year exclusivity period, where applicable	Through October 18, 2026

The patent term and FDA exclusivity are separate. FDA marketing exclusivity can restrict approval of certain competing applications before patent expiration, but it does not extend the patent term. Patent-term adjustment, patent-term extension, terminal disclaimers, and Orange Book delisting can affect the practical exclusivity analysis.

What is the Orange Book status of US 10,576,154?

The patent is listed in FDA’s Orange Book for Miebo. The listing gives Bausch + Lomb and its related marketing entities a basis to invoke the Hatch-Waxman patent-certification framework against an ANDA referencing Miebo.

An ANDA applicant seeking approval before the relevant patent expiration would generally need to submit one of the following:

• Paragraph I certification, if no patent information is listed;
• Paragraph II certification, if the patent has expired;
• Paragraph III certification, accepting approval after patent expiration; or
• Paragraph IV certification, asserting that the patent is invalid, unenforceable, or not infringed.

A valid Paragraph IV notice can trigger a 30-month FDA approval stay if the NDA holder or patent owner files suit within the statutory period. The commercial effect depends on whether the ANDA product is labeled for the patented MGD or KCS uses and whether the applicant uses a section viii carve-out for the patented indications.

Which companies are challenging Miebo’s patents?

No publicly established Paragraph IV litigation against US 10,576,154 is identified in the cited FDA, USPTO, and publicly available federal-court records through the current review period. Miebo has no established U.S. generic competitor comparable to the generic competition affecting older dry-eye products.

The absence of identified litigation does not eliminate future challenge risk. Perfluorohexyloctane is a small molecule, and an ANDA applicant could challenge:

• The chemical genus in claim 1
• Written description and enablement
• The meaning of “stable liquid composition”
• Whether a proposed product treats MGD or KCS
• Infringement under a carved-out label
• Obviousness based on earlier semifluorinated alkane and dry-eye disclosures

The most defensible commercial position is the combination of the specific compound, the ophthalmic use, and the FDA-approved indication. Generic risk is weaker where a competitor must rely on a different indication or a materially different alkane.

What patent litigation affects Miebo and perfluorohexyloctane?

The principal litigation risk is prospective Hatch-Waxman litigation rather than a currently established dispute involving US 10,576,154. The patent estate can support an infringement action against an ANDA product that is approved or marketed for MGD, KCS, evaporative dry eye, or related indications covered by the listed use claims.

A product liability or regulatory dispute would not necessarily determine patent infringement. The key issue would be the ANDA’s labeling and the composition actually supplied. A generic manufacturer could attempt a skinny label excluding MGD or certain dry-eye indications, but that strategy would have to account for:

• Physician prescribing behavior
• Promotional activity
• Product labeling
• Induced-infringement evidence
• Whether the remaining indication inherently practices the patented method

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

Product	Active ingredient	Main mechanism	Key U.S. patent risk	Competitive position
Miebo	Perfluorohexyloctane	Tear-film lipid-layer and evaporation control	Composition, use, and formulation patents	Directly targets evaporative dry eye and MGD
Restasis	Cyclosporine	Immunomodulation and tear production support	Multiple formulation and use patents; mature generic exposure	Established aqueous-deficient dry-eye product
Xiidra	Lifitegrast	LFA-1/ICAM-1 inhibition	Use and formulation patents; generic litigation exposure	Anti-inflammatory dry-eye therapy
Tyrvaya	Varenicline	Trigeminal stimulation of natural tear production	Device, formulation, and use protection	Nasal, non-ocular administration
Cequa	Cyclosporine	Immunomodulation	Formulation and delivery patents	Nanomicellar cyclosporine
OptiLight and thermal devices	Device-based	Meibomian gland treatment	Device and procedural patents	Competes in MGD management rather than tear replacement

Miebo is differentiated by acting on the tear-film lipid layer without an immunosuppressive active ingredient. Its patent estate therefore protects a distinct product concept rather than a conventional anti-inflammatory dry-eye mechanism.

How strong is the patent estate for perfluorohexyloctane?

The estate is strongest in four areas:

1. Specific compound coverage for perfluorohexyloctane.
2. Use claims directed to MGD and KCS.
3. Overlapping claims covering both disease treatment and associated symptoms.
4. Potential formulation and composition patents outside US 10,576,154.

Its principal weaknesses are structural:

• The patent is a method patent, not a direct composition claim.
• A competitor could attempt a different semifluorinated alkane within or outside the claimed genus.
• A generic applicant may use a section viii label carve-out.
• The patent’s term ends before the late-2030s patent terms that may arise from later continuations or new formulation filings.
• Small-molecule prior art creates a conventional obviousness challenge pathway.

The layered estate remains commercially relevant because Miebo’s approved use overlaps closely with the patent’s expressly claimed MGD and KCS indications.

What licensing deals govern Miebo?

Novaliq developed NOV03, the investigational name for perfluorohexyloctane ophthalmic solution. Bausch + Lomb obtained commercial rights and became responsible for U.S. commercialization of Miebo. Public company disclosures describe the relationship as a licensing and collaboration arrangement involving Novaliq intellectual property, development obligations, milestones, royalties, and commercial rights.

The transaction matters to patent enforcement because ownership, exclusive license rights, and the right to sue can be divided between Novaliq and Bausch + Lomb. The precise litigation standing analysis depends on the operative license and any assignment recorded with the USPTO.

What generic launch scenarios exist for Miebo?

Three scenarios are commercially plausible:

Launch after patent expiration

A generic can enter after expiration of the relevant Orange Book patents and completion of applicable FDA exclusivity. This is the lowest-litigation pathway.

Paragraph IV challenge

An ANDA applicant could seek approval before August 2031 by challenging validity or infringement. The likely disputes would involve obviousness, claim construction, and the scope of a carved-out indication.

Non-infringing alternative

A competitor could develop a different ocular lipid-layer product, use a semifluorinated alkane outside the claimed structural range, or pursue a product approved for a non-overlapping indication. The commercial value of that strategy depends on whether the alternative achieves comparable MGD efficacy.

Key Takeaways

• US 10,576,154 is a method-of-treatment patent covering topical semifluorinated alkanes for MGD and KCS.
• The most commercially important compound is perfluorohexyloctane, F(CF2)6(CH2)8H.
• Claims 3, 4, 10, 11, and 12 provide multiple claim routes directed specifically to perfluorohexyloctane.
• The patent covers MGD, evaporative dry eye, aqueous-deficient dry eye, and KCS associated with MGD.
• Formulation claims permit a wide range of ophthalmically tolerated oils, lipids, surfactants, lubricants, and viscosity agents.
• The published basic patent-term endpoint is August 12, 2031, subject to the operative USPTO term record.
• Miebo was FDA-approved on October 18, 2023 and is associated with FDA Orange Book patent protection.
• No established Paragraph IV challenge to this patent is identified in the cited public record.
• The strongest generic defenses would involve a section viii carve-out, a non-infringing alternative compound, or a validity challenge.
• Miebo’s commercial protection is broader than this single patent because the Novaliq-Bausch + Lomb estate includes related composition, formulation, and continuation patents.

FAQs

Is US 10,576,154 a composition patent?

No. It is primarily a method patent. It requires topical administration of a qualifying stable liquid composition to treat MGD or KCS.

Does US 10,576,154 cover Miebo specifically?

Yes. Miebo contains perfluorohexyloctane, the compound recited in several dependent claims, and is approved for a dry-eye indication overlapping the patent’s claimed uses.

Can a generic sell perfluorohexyloctane for another eye condition?

Potentially, but the answer depends on the exact compound, label, method of use, formulation, and other patents in the estate. A non-MGD, non-KCS indication may avoid this patent while implicating other rights.

Is perfluorohexyloctane a biologic subject to biosimilar competition?

No. It is a chemically defined small molecule. A competing product would generally follow the generic-drug framework rather than the biosimilar pathway.

What is the principal patent risk for a Miebo competitor?

The principal risk is practicing the claimed method with perfluorohexyloctane while labeling or promoting the product for MGD, KCS, evaporative dry eye, or MGD-associated dry-eye symptoms.

References

1. Bausch + Lomb Corporation. (2024). Annual report for the fiscal year ended December 31, 2023. https://ir.bausch.com
2. Food and Drug Administration. (2023). Miebo prescribing information. https://www.accessdata.fda.gov/drugsatfda_docs/label/2023/217979s000lbl.pdf
3. Food and Drug Administration. (2024). Approved drug products with therapeutic equivalence evaluations: Orange Book. https://www.accessdata.fda.gov/scripts/cder/ob/
4. Novaliq GmbH. (2023). Miebo: Perfluorohexyloctane ophthalmic solution. https://www.novaliq.com
5. United States Patent and Trademark Office. (2020). U.S. Patent No. 10,576,154, Use of semifluorinated alkanes for treating ocular diseases. https://patents.google.com/patent/US10576154B2
6. U.S. Congress. (1984). Drug Price Competition and Patent Term Restoration Act of 1984, 21 U.S.C. § 355. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section355

Drugs Protected by US Patent 10,576,154

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						TREATMENT OF THE SIGNS AND SYMPTOMS OF DRY EYE DISEASE (DED)

International Family Members for US Patent 10,576,154

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