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Details for Patent: 10,905,690
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Which drugs does patent 10,905,690 protect, and when does it expire?
Patent 10,905,690 protects CRENESSITY and is included in two NDAs.
This patent has forty-seven patent family members in twenty-three countries.
Summary for Patent: 10,905,690
| Title: | Treatment of congenital adrenal hyperplasia | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Abstract: | CRF1 receptor antagonists have the potential to directly inhibit ACTH release in patients with CAH and thereby allow normalization of androgen production while using lower, more physiologic doses of hydrocortisone, and thus reducing treatment-associated side effects. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Inventor(s): | Dimitri E. Grigoriadis | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Assignee: | Neurocrine Biosciences Inc | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Application Number: | US16/227,127 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Patent Claim Types: see list of patent claims | Use; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent landscape, scope, and claims: | US Patent 10,905,690: Claim Scope, Exclusivity, and Congenital Adrenal Hyperplasia Patent LandscapeUS Patent 10,905,690 protects a narrow method of treating congenital adrenal hyperplasia, or CAH, with the specific CRF1 receptor antagonist SSR-125543. The broadest claim is limited by three elements: the disease, administration of a CRF1 antagonist, and the identity of that antagonist. The dependent claims add timing limitations tied to bedtime and the expected circadian ACTH surge. The patent does not broadly cover every CRF1 antagonist, every CAH treatment, or every formulation. Its commercial significance depends on whether SSR-125543 is developed, approved, supplied, or used for CAH in the United States. Because SSR-125543 is not the active ingredient in the FDA-approved CAH therapy Crenessity, the patent does not directly read on crinecerfont products. [1-3] What does US Patent 10,905,690 claim?The patent’s operative independent claim is claim 1:
The claim contains the following required limitations:
The reference to a CRF1 receptor antagonist does not create a broad genus claim. The following phrase limits the claim to the specifically identified molecule:
A product using another CRF1 antagonist, such as crinecerfont or tildacerfont, would not literally satisfy the active-agent limitation merely because it acts on the same receptor. How broad is claim 1 of US 10,905,690?Claim 1 is chemically narrow but operationally broad. It is chemically narrow because it covers one identified antagonist and its pharmaceutically acceptable salts. It does not cover all compounds that inhibit CRF1. It is operationally broad because it does not specify:
A party could potentially practice claim 1 through many different dosing regimens if it administers SSR-125543 for CAH. The absence of dose and route limitations increases the practical reach of the claim once the molecule is used clinically. The claim remains vulnerable to validity attacks directed at anticipation or obviousness. Relevant prior art would include disclosures of SSR-125543, CRF1 antagonism, HPA-axis modulation, ACTH suppression, and treatment of CAH or related adrenal disorders. The key issue would be whether the prior art disclosed the claimed combination, not merely whether it disclosed the compound or CRF1 antagonism separately. What do claims 2, 3, and 4 protect?Claims 2 through 4 protect chronobiological dosing schedules.
Claim 4 is narrower than claim 3. It requires administration 3-4 hours before the expected circadian ACTH release. Claim 3 covers that window and other administration times occurring at or before the expected ACTH release. Claim 2 is not necessarily coextensive with claim 4. Bedtime may occur 3-4 hours before ACTH release for some patients, but the claim does not require that relationship. A bedtime regimen could fall outside the claim 4 window. The timing claims may be commercially important because they can create infringement risk even where a competitor uses the same molecule under a different general treatment label. Their enforceability would depend on whether the prescribing information, protocol, clinical instructions, or actual administration records establish the claimed timing. What does claim 5 add?Claim 5 removes the salt alternative and recites the named SSR-125543 molecule itself. As a dependent claim, claim 5 includes all limitations of claim 1 and confirms coverage of the non-salt chemical entity. It is narrower than claim 1 because claim 1 also covers pharmaceutically acceptable salts. Claim 5 may have value if a defendant contests whether a particular salt is pharmaceutically acceptable or whether the administered form converts to the free base in vivo. It does not expand the patent beyond SSR-125543. What patents protect SSR-125543 and CAH treatment?US 10,905,690 is a use patent. Its principal exclusionary right is directed to treating CAH with SSR-125543, rather than to the compound as a chemical entity in all fields of use. A complete freedom-to-operate review should separate the patent landscape into five groups:
US 10,905,690 does not, based on the supplied claims, include express limitations for a particular formulation, polymorph, manufacturing process, or dosage form. Those rights would need to arise from separate patents or unasserted claims in the same family. The patent also does not establish ownership of the underlying SSR-125543 compound. A compound patent, if still enforceable, could create a separate barrier even when the use patent expires. When does US Patent 10,905,690 lose exclusivity?US Patent 10,905,690 was issued on February 2, 2021. The ordinary US patent term is generally 20 years from the earliest effective nonprovisional filing date, subject to patent-term adjustment, terminal disclaimers, and any patent-term extension. [1] The patent’s expected statutory expiration is approximately in 2036 if its earliest effective filing date was in 2016. The exact expiration date should be taken from the USPTO patent-term calculation and the patent’s continuity data. Patent-term adjustment could move the date later, while a terminal disclaimer could limit it. The patent does not appear to provide an immediately relevant Hatch-Waxman exclusivity period because SSR-125543 is not identified here as an FDA-approved active ingredient. Patent exclusivity and regulatory exclusivity are separate rights. A patent can remain enforceable without generating an Orange Book-listed drug product. What is the Orange Book status of US 10,905,690?US 10,905,690 is not, by itself, an Orange Book listing. The Orange Book lists patents submitted by sponsors for approved drug products, including certain drug substance, drug product, and method-of-use patents. [2] The patent would become relevant to an abbreviated new drug application only if:
Absent an approved SSR-125543 product and a qualifying listing, there is no conventional Paragraph IV pathway directed specifically to this patent. An ANDA applicant could still raise invalidity or noninfringement arguments in a regulatory or commercial setting, but the statutory Paragraph IV litigation framework depends on a listed patent. Does the patent cover Crenessity or crinecerfont?No literal coverage can be established from the supplied claims for Crenessity, whose active ingredient is crinecerfont. Crenessity was approved by the FDA for reducing excess adrenal androgen production in adults and children with CAH. Its active ingredient is crinecerfont, a CRF1 antagonist, but it is not SSR-125543. [3]
The doctrine of equivalents could be asserted in some circumstances, but it cannot be assumed. A different CRF1 antagonist would present substantial noninfringement arguments because the patent expressly identifies a particular chemical structure. Prosecution-history estoppel, foreseeability, vitiation, and the scope of any prior-art disclaimer would be material. What formulation patents are protected by US 10,905,690?None are expressly recited in the supplied claims. The patent covers SSR-125543 in a method of treatment and allows a pharmaceutically acceptable salt. It does not specify:
A commercial SSR-125543 product could therefore require separate formulation and solid-state patents. Those patents could extend practical market protection beyond the expiry of a compound patent or could create additional litigation exposure before the use patent expires. Are there method-of-use patents for circadian ACTH control?US 10,905,690 is itself a method-of-use patent directed to CAH and circadian timing. Claims 2-4 create distinct claim positions around the time of administration. The strongest infringement theory would involve a product label or clinical protocol that expressly instructs:
A label that merely identifies CAH as an indication but does not instruct the patented timing may create a weaker induced-infringement case. The analysis would turn on the full label, promotional materials, physician instructions, and evidence of intended use. The Federal Circuit has treated label-based induced infringement as fact-specific, particularly where a label includes both infringing and noninfringing uses. [4] Which companies are challenging the patent?The supplied information does not identify a Paragraph IV notice, district-court complaint, inter partes review, post-grant review, or settlement involving US 10,905,690. The patent’s practical litigation exposure appears lower than that of a listed patent covering an approved blockbuster product because SSR-125543 is not identified as an approved commercial active ingredient. The principal risk would arise if a sponsor advanced SSR-125543 into clinical development or approval for CAH, or if a third party marketed the compound for CAH in a manner that met the claims. No settlement agreement or license can be inferred from the patent claims. Any asserted license, assignment, or collaboration would need to be confirmed through USPTO assignment records, SEC filings, clinical-development disclosures, or court records. How strong is the patent estate?The patent is strong against the specific commercial use stated in the claims if SSR-125543 is administered for CAH during the patent term. It is weaker as a platform patent.
The patent’s value is therefore concentrated. It could be important to an SSR-125543 CAH program, but it does not materially constrain competing CRF1 antagonists unless separate patents cover those molecules or their regimens. What generic launch risks exist?A generic or follow-on applicant for an SSR-125543 product would face several possible barriers:
A skinny-label strategy could attempt to omit CAH or the patented timing regimen. That strategy would be less useful if the product’s clinical use, marketing, or prescribing instructions still encourage CAH treatment. The feasibility of a carve-out would depend on the approved labeling and the exact Orange Book listing. What is the competitive patent landscape for CAH therapies?The CAH market includes conventional glucocorticoid and mineralocorticoid replacement, CRF1 antagonists, and emerging endocrine therapies. Crinecerfont has regulatory relevance because it is an approved CRF1 antagonist for CAH, but it is chemically distinct from SSR-125543. [3] The main competitive distinction is:
Biosimilar risk is not applicable in the ordinary sense because SSR-125543 is a small molecule, not a biologic. The relevant competitors would be generics, new chemical entities, or other small-molecule endocrine therapies. Key Takeaways
FAQs About US Patent 10,905,690Does US 10,905,690 cover all CRF1 antagonists for CAH?No. The claims identify SSR-125543 specifically. Another CRF1 antagonist would not literally satisfy the active-agent limitation. Does the patent cover crinecerfont?No, not literally based on the supplied claims. Crinecerfont is a different chemical entity from SSR-125543. Can a company avoid claim 4 by dosing at bedtime?Potentially. Bedtime dosing is separately addressed in claim 2, while claim 4 requires administration 3-4 hours before the expected circadian ACTH release. The actual schedule and evidence of administration would control. Is US 10,905,690 a patent for a drug product?No. It is a method-of-treatment patent. The supplied claims do not recite a tablet, capsule, injectable product, formulation, or manufacturing process. Would a generic SSR-125543 applicant automatically face a Paragraph IV lawsuit?No. Paragraph IV exposure generally requires a qualifying Orange Book-listed patent associated with an approved reference product. The patent’s existence alone does not create an automatic Paragraph IV case. References
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Drugs Protected by US Patent 10,905,690
| Applicant | Tradename | Generic Name | Dosage | NDA | Approval Date | TE | Type | RLD | RS | Patent No. | Patent Expiration | Product | Substance | Delist Req. | Patented / Exclusive Use | Submissiondate |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Neurocrine | CRENESSITY | crinecerfont | CAPSULE;ORAL | 218808-001 | Dec 13, 2024 | RX | Yes | No | 10,905,690 | ⤷ Start Trial | ADJUNCTIVE TREATMENT OF CLASSIC CONGENITAL ADRENAL HYPERPLASIA (CAH) | ⤷ Start Trial | ||||
| Neurocrine | CRENESSITY | crinecerfont | CAPSULE;ORAL | 218808-002 | Dec 13, 2024 | RX | Yes | No | 10,905,690 | ⤷ Start Trial | ADJUNCTIVE TREATMENT OF CLASSIC CONGENITAL ADRENAL HYPERPLASIA (CAH) | ⤷ Start Trial | ||||
| Neurocrine | CRENESSITY | crinecerfont | CAPSULE;ORAL | 218808-003 | Dec 13, 2024 | RX | Yes | Yes | 10,905,690 | ⤷ Start Trial | ADJUNCTIVE TREATMENT OF CLASSIC CONGENITAL ADRENAL HYPERPLASIA (CAH) | ⤷ Start Trial | ||||
| Neurocrine | CRENESSITY | crinecerfont | SOLUTION;ORAL | 218820-001 | Dec 13, 2024 | RX | Yes | Yes | 10,905,690 | ⤷ Start Trial | ADJUNCTIVE TREATMENT OF CLASSIC CONGENITAL ADRENAL HYPERPLASIA (CAH) | ⤷ 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 10,905,690
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| Australia | 2015209452 | ⤷ Start Trial | |||
| Australia | 2020207774 | ⤷ Start Trial | |||
| Australia | 2022263460 | ⤷ Start Trial | |||
| Australia | 2024219813 | ⤷ Start Trial | |||
| Brazil | 112016016975 | ⤷ Start Trial | |||
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
