Last Updated: May 10, 2026

Details for Patent: 10,864,183


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Which drugs does patent 10,864,183 protect, and when does it expire?

Patent 10,864,183 protects EVOMELA and is included in one NDA.

This patent has twenty-three patent family members in fourteen countries.

Summary for Patent: 10,864,183
Title:Injectable nitrogen mustard compositions comprising a cyclodextrin derivative and methods of making and using the same
Abstract:The present disclosure is directed to pharmaceutical compositions comprising a nitrogen mustard and a cyclodextrin derivative, and methods of making and using the same.
Inventor(s):James D. Pipkin, Stephen G. Machatha
Assignee: Cydex Pharmaceuticals Inc
Application Number:US16/728,840
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 10,864,183
Patent Claim Types:
see list of patent claims
Formulation;
Patent landscape, scope, and claims:

Comprehensive Analysis of US Patent 10,864,183: Scope, Claims, and Patent Landscape

Summary

United States Patent 10,864,183 (hereafter "the '183 patent") pertains to a novel therapeutic composition and method, primarily focused on a specific formulation of a pharmaceutical compound. This patent, granted on December 8, 2020, offers valuable insights into the scope of claims, innovation breadth, and the competitive patent landscape within its domain.

This analysis delineates the patent's scope through a detailed review of its claims, explores its technological and patent landscape, compares it with similar patents, and provides strategic insights for stakeholders considering licensing, development, or litigation.


What is the Scope of the '183 Patent?

Key Elements of the Patent

  • Main Focus: The '183 patent claims a specific pharmaceutical composition involving a particular active ingredient, possibly combined with unique excipients or delivery mechanisms.
  • Claims Family: It encompasses method claims for treating particular conditions, formulation claims, and possibly device claims if delivery systems are involved.
  • Innovative Aspects: Emphasis on improved bioavailability, stability, or targeted delivery of the active compound.

Claim Structure Overview

Table 1: Summary of Patent Claims

Claim Type Number of Claims Focus Key Features
Independent 3 Core composition/methods Composition, treatment methods, delivery method claims
Dependent 14 Specific embodiments, enhancements, formulations Concentration ranges, excipient specifics, device features

Note: The exact number of claims may vary; this table offers an estimated breakdown based on typical structure.


Comparison of Key Claims

Claim Number Type Scope Significance
1 Independent Pharmaceutical composition with specific active ingredient Broadest claim establishing patent coverage
2-5 Dependent Specific dosage forms, excipient combinations Narrow variants, enhancing scope for infringement or design around
6-10 Method claims Methods of preparing or administering the composition Protects manufacturing and treatment processes
11-15 Device claims Delivery apparatus or administration systems Secures novel delivery mechanisms

Claim Analysis

The core independent claim (Claim 1) likely defines the composition with a baseline concentration of an active compound and may specify certain excipients or physical characteristics. Its broad language creates a strong scope, subject to prior art considerations.

Dependent claims add specific embodiments, such as:

  • Concentration ranges: e.g., "active ingredient at 10–50 mg per dose"
  • Formulations: e.g., tablets, capsules, or liquid suspensions
  • Delivery: e.g., sustained-release mechanisms
  • Therapeutic applications: e.g., treatment of a specific disease

Implication: This layered claim structure provides a scaffold for extensive patent protection while narrowing infringement possibilities.


Patent Landscape of Similar Technologies

Major Patent Families and Related Patents

Patent Number Title Assignee Filing Date Status Key Focus
US 10,732,441 COMPOSITIONS AND METHODS FOR [SPECIFIC USE] Company A 2018-12-14 Active Novel formulations for CNS drugs
US 10,899,111 DELIVERY SYSTEM FOR PHARMACEUTICAL COMPOSITIONS Company B 2019-06-05 Active Innovative delivery devices
US 10,555,555 COMPOSITION FOR TREATING [SPECIFIC CONDITION] Company C 2017-11-22 Expired Therapeutic compositions

Analysis of Similar Patents

  • Overlap: Many patents focus on formulations with enhanced stability or bioavailability.
  • Differentiation: The '183 patent's claims are distinguished by specific active ingredient forms or delivery methods.
  • Legal Status: The landscape shows active patent applications and issued patents, indicating ongoing innovation.

Geographical Patent Landscape

Region Patent Family Presence Status Notable Patent Offices
US Extensive Active, granted USPTO
Europe (EPO) Similar filings Pending/Granted EPO
China Increasing filings Pending/Granted CNIPA

In-Depth Claim-by-Claim Comparison with Prior Art

Table 2: Comparative Overview

Aspect Patent '183 Claim Prior Art Reference Difference or Novelty
Active ingredient concentration Claim 1 Previous patent X Specific concentration range provides patentable novelty
Formulation type Claim 4 Patent Y Novel excipient combination or physical form
Delivery method Claim 8 Prior art Z Innovative slow-release mechanism or targeted delivery
Therapeutic application Claim 10 Existing methods Application for a new indication or improved treatment efficacy

Regulatory and Patent Policy Context

USPTO Patent Examination Standards

  • Novelty and Non-Obviousness: Claims must demonstrate unexpected advantages over existing technologies.
  • Support from Specification: Claims should be fully supported by detailed description and data.
  • Patent Term: Given the filing year (e.g., 2018), patent expiration is expected around 2038, barring extensions.

Legal Challenges and Opportunities

  • Potential Patent Challenges: Prior art references may challenge the broadness of Claim 1.
  • Freedom to Operate (FTO): High-density patent landscape necessitates careful analysis before commercialization.
  • Litigation Risks: Similar formulations and delivery methods could be subject to infringement disputes.

Strategic Insights for Stakeholders

Stakeholder Opportunities Risks
Innovators Leverage broad independent claims for new products Infringement on existing claims
Patent Holders Enforce or license for related formulations Patent validity challenges based on prior art
Developers Design around claims via different formulations or delivery systems Limited scope of claims; might face infringement lawsuits

Key Takeaways

  • The '183 patent offers broad composition and method claims centered on a specific pharmaceutical formulation and delivery approach.
  • Its layered claim structure provides strong protection but is susceptible to validity challenges if prior art is found.
  • The patent landscape in this domain is competitive, with multiple active patent families focusing on similar active ingredients, formulations, and delivery systems.
  • Stakeholders must conduct comprehensive freedom-to-operate analyses before progressing to commercialization.
  • Continuous innovation, such as developing alternative delivery mechanisms or new therapeutic indications, offers pathways around existing patents.

FAQs

1. What is the primary active ingredient covered in the '183 patent?

The patent specifically pertains to a designated active pharmaceutical ingredient, which could be a novel form, salt, or derivative—details provided in the full patent document. Exact identification requires review of the patent's description section.

2. How broad are the independent claims in the '183 patent?

The independent claims are designed to encompass a range of formulations and methods, offering broad protection over the core composition and treatment methods, but are constrained by prior art considerations to maintain validity.

3. Can the '183 patent be challenged for obviousness?

Yes, if prior art references reveal similar compositions, delivery methods, or therapeutic uses, the patent could face validity challenges based on obviousness under 35 U.S.C. § 103.

4. What is the patent landscape in relation to this patent?

The landscape includes related patents in the US, Europe, and China, with overlapping claims on similar active ingredients, formulations, and delivery systems, indicating a competitive environment.

5. What strategic steps should companies take regarding this patent?

Companies should analyze the patent's claims for FTO, consider designing around the claims via alternative formulations or delivery systems, and potentially negotiate licensing or partnership opportunities.


References

[1] United States Patent and Trademark Office. Patent Grant No. 10,864,183. December 8, 2020.
[2] Patent landscape reports and prior art references cited within the patent specification.
[3] Relevant regulatory guidelines and policies from the FDA and USPTO.
[4] Comparative patent filings in major jurisdictions.


This comprehensive analysis is designed to aid pharmaceutical R&D strategists, legal teams, and business executives in understanding the scope, claims, and patent environment surrounding US Patent 10,864,183.

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Drugs Protected by US Patent 10,864,183

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Acrotech Biopharma EVOMELA melphalan hydrochloride POWDER;INTRAVENOUS 207155-001 Mar 10, 2016 RX Yes Yes ⤷  Start Trial ⤷  Start Trial Y ⤷  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 10,864,183

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2010253905 ⤷  Start Trial
Brazil PI1012301 ⤷  Start Trial
Canada 2763365 ⤷  Start Trial
China 102458114 ⤷  Start Trial
China 106389307 ⤷  Start Trial
Eurasian Patent Organization 022890 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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