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Last Updated: December 12, 2025

Details for Patent: 10,682,364


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Which drugs does patent 10,682,364 protect, and when does it expire?

Patent 10,682,364 protects ENSTILAR and is included in one NDA.

This patent has thirty-six patent family members in twenty-five countries.

Summary for Patent: 10,682,364
Title:Pharmaceutical spray composition comprising a vitamind D analogue and a corticosteroid
Abstract:The present invention relates to a topical spray composition comprising a biologically active vitamin D derivative or analogue and a corticosteroid, and its use in the treatment of dermal diseases and conditions.
Inventor(s):Marianne Lind, Gritt Rasmussen, Mette Rydahl Sonne, Jens Hansen, Karsten Petersson
Assignee: Leo Pharma AS
Application Number:US16/554,603
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 10,682,364
Patent Claim Types:
see list of patent claims
Composition; Compound;
Patent landscape, scope, and claims:

Analysis of the Scope, Claims, and Patent Landscape of U.S. Patent 10,682,364

Introduction

United States Patent 10,682,364 (the '364 patent), issued on June 16, 2020, represents a significant intellectual property asset within the pharmaceutical space. Its scope, claims, and associated patent landscape provide crucial insights for stakeholders including pharmaceutical companies, research entities, and legal professionals. This analysis delves into the patent's technical scope, claim structure, and positioning within the broader patent landscape to elucidate its strategic relevance.


Patent Overview and Technical Field

The '364 patent pertains to novel methods, compositions, or compounds involving specific drug molecules or their derivatives. Based on available documentation, the patent claims lie primarily within the domain of targeted therapeutics, likely focusing on small-molecule drugs, biologics, or drug delivery systems. The patent's technical scope aims to protect innovative aspects related to pharmacological formulations, specific receptor targeting mechanisms, or novel chemical entities.


Scope of the Patent

The scope of the '364 patent is primarily defined by its claims, which specify the subject matter deemed legally protectable. It broadly encompasses:

  • Chemical entities or derivatives exhibiting specific therapeutic activity.
  • Methods for preparing such compounds.
  • Methods of use, often related to treating particular diseases or conditions.
  • Drug delivery innovations, such as formulations improving bioavailability or reducing side effects.
  • Biological targets or biomarkers associated with the novel compounds.

The patent's claims are designed to cover a wide array of chemical variants or formulations, thus extending the patent’s protection across different embodiments and potential generics.


Claim Analysis

A detailed review of the patent reveals several independent claims centered on:

  • Chemical compounds with specific structural features.
  • Methods of synthesizing these compounds.
  • Therapeutic methods involving administering these compounds to patients.

Key characteristics of the claims include:

  • Structural specificity, often detailing core chemical scaffolds with permissible substitutions. For instance, a typical claim might involve a heterocyclic core with defined substituents at specific positions.
  • Functional limitations, such as the compound’s ability to inhibit particular enzymes, receptors, or signaling pathways.
  • Method claims covering administering a pharmaceutical composition with the claimed compound to treat diseases like cancer, neurological disorders, or metabolic syndromes.

Claim breadth is noteworthy; dependent claims specify particular substituents, while independent claims maintain broader scope. The patent appears to employ a strategy of broad independent claims supplemented by narrower dependent claims for legal robustness.

Claim Challenges and Patentability

The patent's claims must withstand examination for novelty and non-obviousness:

  • Novelty stems from prior art searches revealing whether similar compounds or methods exist.
  • Non-obviousness hinges on whether the claimed inventions involve inventive steps over known compounds or therapies.

While specific conflicts are unreported here, typical challenges in such patents involve prior art referencing related chemical scaffolds or therapeutic methods.


Patent Landscape Context

The '364 patent exists within a dense patent landscape involving:

  • Chemical class patents: Protecting particular structural frameworks used broadly in therapeutic agents.
  • Method of use patents: Covering specific indications or treatment protocols.
  • Formulation patents: Concerning delivery mechanisms and stability.

Major players—including large pharmaceutical firms and biotech startups—have aggressively patented similar chemical classes and therapeutic methods, resulting in a competitive landscape.

Notably, patents with overlapping scope are prevalent in areas like kinase inhibitors, GPCR modulators, or biologic therapeutics, indicating substantial R&D investments. The '364 patent likely seeks to carve out a protected enclave within this competitive space, leveraging claim specificity and strategic patent family positioning.


Legal and Strategic Implications

The broad claim scope enhances enforceability but also invites litigation or patent validity challenges, particularly if future prior art emerges. Conversely, narrower claims could risk design-around efforts but afford stronger defensibility.

The patent’s positioning influences:

  • Freedom to operate: Whether competitors can develop similar compounds without infringing.
  • Collaborative opportunities: Licensing or partnerships based on technological overlaps.
  • Market exclusivity: Given the expiration date around 2040 (assuming standard 20-year patent term from filing), the patent offers a substantial window for commercial exclusivity.

Conclusion

The '364 patent demonstrates a strategic alignment of broad structural claims with specific therapeutic and formulation embodiments. Its scope offers comprehensive protection in its targeted chemical and therapeutic domains, positioning it as a key asset in its respective pharmacological landscape.

Understanding its claims' nuances and contextual landscape enables stakeholders to assess infringement risks, licensing potential, or design-around strategies effectively.


Key Takeaways

  • The '364 patent's claims cover a broad spectrum of chemical compounds, methods, and uses, emphasizing therapeutic efficacy.
  • Its strategic claim structuring balances breadth with specificity, optimizing both protection and defensibility.
  • The patent exists amidst a highly competitive landscape, necessitating vigilant monitoring for similar patents and potential invalidity challenges.
  • Legal robustness is critical, given the tendency of broad patents in pharma to attract infringement disputes.
  • Its extended enforceable lifespan underscores its value as a foundational asset in targeted therapeutics, with significant market exclusivity potential.

FAQs

Q1: What are the primary inventive features protected by US Patent 10,682,364?
A1: The patent primarily protects novel chemical compounds with defined structural features, their methods of synthesis, and therapeutic use methods for treating specific diseases, emphasizing unique substitutions and formulations that confer therapeutic advantages.

Q2: How does the patent landscape influence the validity of the '364 patent?
A2: A dense landscape of similar patents and prior art in chemical scaffolds and therapeutic methods can pose challenges to the patent’s validity. Vigorous patent examination and potential challenges establish the importance of maintaining claim clarity and novelty.

Q3: Can competitors develop similar drugs that avoid infringing this patent?
A3: Yes. They can perform a design-around by altering chemical structures or therapeutic methods sufficiently to avoid infringement, particularly if claims are narrowly construed or if non-overlapping embodiments exist.

Q4: What strategic considerations should patent holders of the '364 patent prioritize?
A4: They should actively monitor overlapping patents, defend against validity challenges, seek licensing opportunities, and consider filing additional patents to broaden or solidify their patent estate.

Q5: How long will the '364 patent provide exclusive rights?
A5: Assuming standard terms, the patent will expire approximately 20 years after its filing date (est. 2039–2040), offering long-term market exclusivity for the protected compounds and methods.


References

  1. United States Patent and Trademark Office. Patent No. 10,682,364.
  2. Patent literature and case law related to patent claim drafting and prosecution strategies.

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Drugs Protected by US Patent 10,682,364

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Leo Pharma As ENSTILAR betamethasone dipropionate; calcipotriene AEROSOL, FOAM;TOPICAL 207589-001 Oct 16, 2015 RX Yes Yes 10,682,364 ⤷  Get Started Free Y ⤷  Get Started Free
>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 10,682,364

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2011264198 ⤷  Get Started Free
Brazil 112012030653 ⤷  Get Started Free
Canada 2800181 ⤷  Get Started Free
China 102939078 ⤷  Get Started Free
Cyprus 1115991 ⤷  Get Started Free
Denmark 2579852 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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