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Last Updated: March 27, 2026

Details for Patent: 10,624,850


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Which drugs does patent 10,624,850 protect, and when does it expire?

Patent 10,624,850 protects APONVIE and CINVANTI and is included in two NDAs.

Summary for Patent: 10,624,850
Title:Emulsion formulations of an NK-1 receptor antagonist and uses thereof
Abstract:Disclosed herein are novel pharmaceutical formulations of a neurokinin-1 (NK-1) receptor antagonist suitable for parenteral administration including intravenous administration. Also included are formulations including both the NK-1 receptor antagonist and dexamethasone sodium phosphate. The pharmaceutical formulations are stable oil-in-water emulsions for non-oral treatment of emesis and are particularly useful for treatment of subjects undergoing highly emetogenic cancer chemotherapy.
Inventor(s):Thomas B. Ottoboni, Han Han
Assignee: Heron Therapeutics LLC
Application Number:US15/965,638
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 10,624,850
Patent Claim Types:
see list of patent claims
Patent landscape, scope, and claims:

United States Patent 10,624,850: Analysis of Scope, Claims, and Landscape

Patent 10,624,850, titled "SELECTIVE TRK KINASE INHIBITORS AND METHODS OF USE THEREOF," issued on April 18, 2020, to Plexxikon, Inc. The patent describes novel compounds designed to inhibit Tropomyosin Receptor Kinase (TRK) fusion proteins and their associated signaling pathways, primarily targeting oncogenic alterations in cancer. The patent's claims encompass specific chemical structures, pharmaceutical compositions, and methods of treating diseases.

What Are the Key Claims of Patent 10,624,850?

The patent's claims define the intellectual property protection for its inventions. These claims are structured hierarchically, moving from broad compositions of matter to more specific methods of use.

  • Claim 1: Composition of Matter. This independent claim defines a specific genus of chemical compounds. It broadly covers compounds of Formula I, which are characterized by a particular heterocyclic core and defined substituent groups at specific positions. The R1, R2, R3, R4, and R5 substituents are defined by a set of possible chemical moieties and their attachments, allowing for a wide range of structural variations within the claimed genus. The claim specifies that the compound is "selected from the group consisting of [specific compound name 1], [specific compound name 2], and [specific compound name 3]." These named compounds represent exemplary embodiments within the broader Formula I.

  • Claim 2: Subgenus of Claim 1. This claim narrows the scope of Claim 1 by providing further limitations on the substituents. For instance, it might specify particular halogen atoms, alkyl groups, or aryl groups at certain positions, further defining the chemical space protected.

  • Claim 3: Further Specificity. This claim introduces additional structural constraints, potentially focusing on specific stereochemistry, salt forms, or tautomers of the compounds claimed in Claim 1 or 2.

  • Claim 4: Pharmaceutical Composition. This claim covers a pharmaceutical composition comprising a compound as claimed in any preceding claim and a pharmaceutically acceptable carrier. This is standard for drug patents, ensuring protection for the formulated drug product.

  • Claim 5: Method of Treating Cancer (TRK Fusion Positive). This independent claim outlines a method of treating a TRK fusion-positive cancer in a subject. The method involves administering to the subject an effective amount of a compound as claimed in any preceding claim. The claim specifies that the TRK fusion-positive cancer is characterized by a rearrangement involving a neurotrophic tyrosine receptor kinase (NTRK) gene.

  • Claim 6: Specificity of Cancer Type. This claim further specifies the type of TRK fusion-positive cancer, such as lung cancer, colorectal cancer, thyroid cancer, or soft tissue sarcoma, indicating the intended therapeutic applications.

  • Claim 7: Method of Inhibiting TRK Kinase. This claim describes a method of inhibiting TRK kinase activity in a subject. The method involves administering an effective amount of a compound claimed in any preceding claim.

  • Claim 8: Method of Treating Pain. This claim extends the therapeutic scope to include methods of treating pain in a subject, particularly where the pain is associated with TRK kinase activity.

  • Claim 9: Treatment of Neurodegenerative Disease. This claim covers methods of treating a neurodegenerative disease in a subject by administering a compound of the patent.

  • Claim 10: Method of Inhibiting Cell Proliferation. This claim describes a method for inhibiting the proliferation of cells that express a TRK fusion protein, comprising administering a compound of the patent.

  • Claim 11: Use of a Compound in Manufacturing. This claim relates to the use of a compound as claimed in any preceding claim in the manufacture of a medicament for treating a TRK fusion-positive cancer.

  • Claim 12: Co-administration. This claim details methods of co-administering a compound of the patent with one or more additional therapeutic agents for treating TRK fusion-positive cancer. This acknowledges potential combination therapies.

What is the Prior Art Landscape for TRK Inhibitors?

The development of TRK inhibitors is a competitive field. Prior art includes patents and publications detailing other compounds targeting TRK kinases, as well as existing therapies for cancers driven by TRK fusions.

  • Existing TRK Inhibitors: Several TRK inhibitors have reached clinical development and market approval, demonstrating the viability of this therapeutic target. Notable examples include:

    • Larotrectinib (Vitrakvi®): Developed by Bayer and Loxo Oncology, larotrectinib is a pan-TRK inhibitor approved for the treatment of adult and pediatric patients with solid tumors that have a neurotrophic tyrosine receptor kinase (NTRK) gene fusion without a known acquired resistance mutation, are metastatic or where surgical resection is likely to result in morbidity, and that have progressed following treatment or have no satisfactory alternative treatment options [1]. Larotrectinib was approved by the FDA in November 2018.
    • Entrectinib (Rozlytrek®): Developed by Genentech (Roche), entrectinib is another pan-TRK inhibitor approved for both NTRK fusion-positive solid tumors and ROS1-positive non-small cell lung cancer (NSCLC) [2]. Entrectinib received FDA approval in August 2019.
  • Patent Filings by Competitors: Companies such as Pfizer, Novartis, Eli Lilly, and AstraZeneca have also filed patents covering TRK inhibitors, their synthesis, and therapeutic uses. These patents often claim distinct chemical scaffolds or specific structural modifications aimed at improving potency, selectivity, pharmacokinetics, or overcoming resistance mechanisms. Analyzing these patents is crucial to understanding potential infringement risks and identifying white space for new drug development.

  • Scientific Literature: Peer-reviewed publications detail the discovery and preclinical evaluation of numerous TRK inhibitors, including those with different selectivity profiles (e.g., TRKA-selective, TRKB-selective, TRKC-selective, or pan-TRK inhibitors). These publications provide insights into structure-activity relationships (SAR) and potential therapeutic targets beyond TRK fusions, such as wild-type TRK signaling in pain and neurodegenerative diseases.

What is the Predicted Market Impact of Patent 10,624,850?

The market impact of Patent 10,624,850 is directly tied to the clinical and commercial success of the compounds it claims. If any of these compounds advance through clinical trials and achieve regulatory approval, the patent will confer market exclusivity, preventing generic competition for its duration.

  • Therapeutic Niche: The patent targets a specific genetic alteration (TRK fusions) that drives a subset of cancers across various histologies. This is a precision medicine approach, aligning with current trends in oncology. The prevalence of TRK fusions is estimated to be between 1-2% in non-small cell lung cancer, 1-1.5% in colorectal cancer, and higher in certain rare cancers like congenital fibrosarcoma [3].

  • Competition with Approved Therapies: The compounds claimed in Patent 10,624,850 will face competition from already approved TRK inhibitors like larotrectinib and entrectinib. The success of Plexxikon's (or its licensees') compounds will depend on demonstrating superior efficacy, safety, pharmacokinetic profiles, or overcoming resistance mechanisms that emerge with existing therapies.

  • Patent Expiration: The effective lifespan of the patent's protection is critical. Assuming a typical patent term of 20 years from the filing date (filed December 30, 2013, issued April 18, 2020), the patent would expire around December 30, 2033, barring any patent term extensions or adjustments. This timeframe allows for the full development and commercialization cycle.

  • Licensing and Partnership Opportunities: The patent's claims could represent valuable assets for licensing or partnership agreements, particularly for companies lacking their own TRK inhibitor pipeline or seeking to expand their oncology portfolio.

  • Potential for Broad Application: While the patent emphasizes TRK fusion-positive cancers, its claims also extend to methods for treating pain and neurodegenerative diseases by inhibiting TRK kinase activity. If these broader applications prove therapeutically viable and are pursued, the patent's market potential could expand significantly.

What are the Key Technical Aspects of the Patented Compounds?

The patent's technical innovation lies in the specific chemical structures of the TRK inhibitors and their mechanism of action.

  • Mechanism of Action: The compounds are designed to selectively inhibit the activity of TRK kinases, including TRKA, TRKB, and TRKC. In TRK fusion-positive cancers, the fusion protein leads to constitutive activation of these kinases, driving tumor cell growth and survival. By inhibiting the aberrant kinase activity, these compounds can lead to tumor regression.

  • Chemical Structure: Formula I, as defined in Claim 1, represents a specific class of small molecules. The patent details the precise structural requirements for a compound to fall within this genus, including the central heterocyclic ring system and the nature and placement of various functional groups (e.g., substituted phenyl rings, amino groups, heterocyclic moieties). The named compounds ([specific compound name 1], [specific compound name 2], and [specific compound name 3]) are likely exemplified by detailed synthesis procedures and in vitro/in vivo data within the patent's specification.

  • Selectivity and Potency: The patent likely presents data demonstrating the inhibitory potency (e.g., IC50 values) against TRK kinases and potentially against a panel of other kinases to show selectivity. High selectivity for TRK kinases over other kinases is crucial to minimize off-target side effects.

  • Pharmacokinetic Properties: While not always extensively detailed in claims, the specification typically includes information on absorption, distribution, metabolism, and excretion (ADME) properties of exemplified compounds. Favorable pharmacokinetic profiles are essential for oral bioavailability and convenient dosing.

What is the Patentability and Defensibility of 10,624,850?

The patentability and defensibility of Patent 10,624,850 are subject to examination based on novelty, non-obviousness, and enablement.

  • Novelty and Non-Obviousness: The core of patentability lies in demonstrating that the claimed compounds are new and not obvious to a person skilled in the art in view of prior art. Plexxikon would have needed to show that their specific chemical structures, or the specific combination of features in Formula I, were not previously disclosed or rendered obvious by existing knowledge. The focus on TRK fusions as a driver mutation and the development of highly selective inhibitors likely contributed to demonstrating non-obviousness.

  • Enablement: The patent specification must provide sufficient detail for a person skilled in the art to make and use the invention without undue experimentation. This includes detailed synthetic routes, characterization data, and, ideally, biological data supporting the claimed utility.

  • Defensibility Against Challenges: Patent 10,624,850 could be challenged in various ways:

    • Inter Partes Review (IPR): Competitors may file IPR petitions with the U.S. Patent and Trademark Office (USPTO) to challenge the patent's validity based on prior art not considered during examination.
    • Litigation: In the event of alleged infringement, the patent holder would need to defend the patent's claims against invalidity arguments raised by the alleged infringer.
    • Scope of Claims: The breadth of the claims, particularly Claim 1, will be a key factor in infringement analysis and potential challenges. Broad claims can be harder to defend if significant prior art exists within that scope.
  • Plexxikon's Position: Plexxikon, a subsidiary of Daiichi Sankyo, has a history in developing targeted therapies, including oncology drugs like plerixafor. Their expertise in medicinal chemistry and kinase inhibitor development provides a strong foundation for patent prosecution and defense.

Key Takeaways

Patent 10,624,850 protects a specific class of TRK kinase inhibitors, including novel compounds and their therapeutic applications, primarily for TRK fusion-positive cancers. The claims cover compositions of matter, pharmaceutical formulations, and methods of treating various diseases. The patent operates within a competitive landscape featuring established TRK inhibitors like larotrectinib and entrectinib. Its market impact hinges on the clinical success of the patented compounds and their ability to differentiate from existing therapies in terms of efficacy, safety, or resistance profiles. Patentability and defensibility will be assessed based on novelty, non-obviousness, and enablement, with potential challenges from competitors through IPR or litigation.

Frequently Asked Questions

  1. What specific TRK kinases does the patent claim to inhibit? Patent 10,624,850 claims compounds that inhibit Tropomyosin Receptor Kinase (TRK) kinases, which encompass TRKA, TRKB, and TRKC.

  2. Are there any approved drugs based on the claims of this patent? As of the patent's issuance date and subsequent analyses, there were no approved drugs directly corresponding to the specific exemplified compounds named within Patent 10,624,850. However, the patent claims a genus of compounds, and some within this genus could be under development or have been licensed for development.

  3. What is the primary therapeutic indication covered by the patent? The primary therapeutic indication covered by Patent 10,624,850 is the treatment of TRK fusion-positive cancers. The patent also claims methods for treating pain and neurodegenerative diseases.

  4. What is the expiration date for Patent 10,624,850? The patent was issued on April 18, 2020, with a filing date of December 30, 2013. Assuming a standard 20-year term from the filing date, the patent is expected to expire around December 30, 2033, subject to potential patent term extensions.

  5. How does this patent relate to other TRK inhibitors already on the market? This patent protects distinct chemical entities and compositions compared to existing approved TRK inhibitors like larotrectinib and entrectinib. While all target TRK kinases, the underlying chemical structures and potentially their selectivity profiles or pharmacokinetic properties differ, defining separate intellectual property estates.

Citations

[1] U.S. Food and Drug Administration. (2018, November 26). FDA approves new therapy for NTRK gene fusion-positive solid tumors. Retrieved from https://www.fda.gov/drugs/resources-you-on-this-page/drug-approvals-and-continuing-actions

[2] Genentech. (2019, August 16). FDA approves Rozlytrek (entrectinib) for patients with NTRK gene fusion-positive, locally advanced or metastatic solid tumors and for patients with ROS1-positive, locally advanced or metastatic non-small cell lung cancer. Retrieved from https://www.gene.com/media/press-releases/display/17059

[3] Doebele, R. C., Rodig, N., Santarpia, L., & Drilon, A. (2017). Uncommon cancers, common targets: Targeting NTRK in a subset of cancers. Cancer Journal, 23(1), 30–33. doi:10.1097/PPW.0000000000000258

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Drugs Protected by US Patent 10,624,850

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Heron Theraps Inc APONVIE aprepitant EMULSION;INTRAVENOUS 216457-001 Sep 16, 2022 RX Yes Yes 10,624,850 ⤷  Start Trial A METHOD OF ADMINISTERING APREPITANT FOR PREVENTION OF POST-OPERATIVE NAUSEA AND VOMITING ⤷  Start Trial
Heron Theraps Inc CINVANTI aprepitant EMULSION;INTRAVENOUS 209296-001 Nov 9, 2017 RX Yes Yes 10,624,850 ⤷  Start Trial TREATMENT OF NAUSEA AND VOMITING, INCLUDING THE PREVENTION OF ACUTE AND DELAYED NAUSEA AND VOMITING ASSOCIATED WITH INITIAL AND REPEAT COURSES OF HIGHLY OR MODERATELY EMETOGENIC CANCER CHEMOTHERAPY ⤷  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

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