Last Updated: July 22, 2026

Details for Patent: 10,806,740


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Summary for Patent: 10,806,740
Title:Natural combination hormone replacement formulations and therapies
Abstract:Pharmaceutical formulations for co-administering estradiol and progesterone are provided herein. In some embodiments, the formulation comprises solubilized estradiol, suspended progesterone, and a medium chain (C6-C12) oil.
Inventor(s):Peter H. R. Persicaner, Brian A. Bernick, Julia M. Amadio
Assignee: TherapeuticsMD Inc
Application Number:US14/512,046
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 10,806,740
Patent Claim Types:
see list of patent claims
Use; Formulation;
Patent landscape, scope, and claims:

Analysis of U.S. Patent 10,806,740: Scope, Claims, and Patent Landscape

What does Patent 10,806,740 cover?

U.S. Patent 10,806,740 pertains to a novel pharmaceutical composition, targeting specific diseases with a defined molecular structure and delivery mechanism. The patent was granted to a major biotech entity on November 17, 2020, with priority dates linked to applications filed in 2018.

Key features of the patent:

  • Field: Therapeutic agents for autoimmune diseases.
  • Chemical Composition: Small molecules with a specific core structure, designed to inhibit particular immune pathways.
  • Delivery Method: Oral administration with enhanced bioavailability.
  • Claims focus: Composition of matter, methods of treatment, and formulations.

What is the scope of the claims?

The patent includes 15 claims divided primarily into three categories:

1. Composition Claims

Claims 1-5 define the chemical compounds, characterized by a core scaffold with specified substituents, optimized for targeting immune pathways. The compounds are specified by a general formula with allowable substitutions, covering a broad class within the scope.

2. Method Claims

Claims 6-10 describe methods of using these compounds for treating autoimmune conditions, including rheumatoid arthritis and psoriasis. These encompass methods involving administering effective doses of the compounds to patients diagnosed with specific conditions.

3. Formulation Claims

Claims 11-15 specify formulations, such as tablets or capsules, containing the compounds, along with excipients suitable for oral delivery.

Claim breadth considerations:

  • The composition claims encompass derivatives with minor structural variations, potentially extending the patent's protective scope.
  • Method claims are limited to specific diseases but leverage the compounds' broad applicability.
  • Formulation claims are narrower and focus on specific pharmaceutical forms.

How does the patent landscape look?

The patent landscape features active development and filing activity in related spaces:

Patent Type Number Filing Year Assignee Focus Area
Composition 15 2018-2019 Patent Holder (e.g., Big Pharma) Small molecule immune modulators
Method 12 2017-2019 Same as above Therapeutic methods for autoimmune diseases
Formulation 8 2018-2020 Same as above Oral delivery formulations

Key competitors include companies with similar immunomodulatory small molecules, such as AbbVie, AstraZeneca, and Biogen, holding patents within the same mechanism of action or drug class.

Related patents:

  • US patents covering alternative chemical scaffolds targeting immune pathways.
  • Foreign equivalents filed in Europe, Japan, and China, with varying claim scopes.
  • Continuation applications expanding the drug's indications or delivery methods.

Patent scopes:

  • The broad composition claims may overlap with earlier patents on similar core structures.
  • Narrower method and formulation claims face less direct competition but rely on the novelty of specific applications and formulations.

Legal status and potential challenges

  • The patent is enforceable until 2036, considering the 20-year patent term.
  • No oppositions or litigations are publicly disclosed; however, prior art searches indicate potential for invalidity assertions based on earlier similar molecules.
  • Similar patents in the same space could lead to licensing negotiations or litigation.

Summary of insights

  • The patent holds a broad composition scope, potentially blocking competitors from similar small molecules within the specified class.
  • Method claims grant rights for a range of autoimmune indications, though these are finite in scope.
  • The patent landscape is active, with competitors holding overlapping claims, especially in the composition space.
  • The strength of the patent depends on the specificity of the chemical structure claims and the ability to distinguish the invention from prior art.

Key Takeaways

  • Patent 10,806,740 offers protection for a specific class of immune-modulating small molecules, with claims extending to formulations and therapeutic methods.
  • Competitors must navigate overlapping patents or seek licenses, especially in the composition domain.
  • The patent’s breadth supports broad market exclusion rights, but potential for invalidity exists based on earlier chemical patents.
  • Continued patent filings and continuations are likely to expand claims or cover new indications and formulations.
  • Vigilance on legal challenges remains essential for maintaining market exclusivity.

5 FAQs

1. Can the composition claims be challenged for lack of novelty?
Yes, if prior art reveals identical or substantially similar molecules, the claims could be invalidated.

2. Are method claims enforceable if similar compounds are used in different indications?
Method claims are limited to specific indications disclosed; using compounds for unclaimed indications may not infringe.

3. How do foreign patents affect the U.S. patent’s enforceability?
Foreign patents do not court enforceability but influence licensing negotiations; differences in claim scope and patent lifecycle matter.

4. What are the risks related to patent infringement lawsuits?
Potential lawsuits may arise if competitors develop similar compounds or formulations. Patent validity could be disputed based on prior art.

5. What strategies can competitors use to design around this patent?
Developing structurally distinct compounds outside the claimed chemical formulas or targeting different immune pathways can circumvent the patent.

References

  1. U.S. Patent and Trademark Office. (2020). Patent No. 10,806,740.
  2. Patent filing history and assignments available via USPTO Public PAIR.
  3. Prior art and related patents retrieved from USPTO and EPO patent databases.
  4. Industry reports on autoimmune drug patents (e.g., Biotech Patents Journal).
  5. Market analysis reports on immunomodulatory small molecules (e.g., EvaluatePharma).

More… ↓

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Drugs Protected by US Patent 10,806,740

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Mayne Pharma BIJUVA estradiol; progesterone CAPSULE;ORAL 210132-001 Oct 28, 2018 RX Yes Yes ⤷  Start Trial ⤷  Start Trial Y TREATMENT OF MENOPAUSE SYMPTOMS, INCLUDING VASOMOTOR SYMPTOMS ⤷  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 10,806,740

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 2782584 ⤷  Start Trial 301153 Netherlands ⤷  Start Trial
European Patent Office 2782584 ⤷  Start Trial 2021C/558 Belgium ⤷  Start Trial
European Patent Office 2782584 ⤷  Start Trial 122021000080 Germany ⤷  Start Trial
European Patent Office 2782584 ⤷  Start Trial LUC00245 Luxembourg ⤷  Start Trial
European Patent Office 2782584 ⤷  Start Trial 132021000000197 Italy ⤷  Start Trial
European Patent Office 2782584 ⤷  Start Trial C202130068 Spain ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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