Last Updated: May 10, 2026

Details for Patent: 10,940,128


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Which drugs does patent 10,940,128 protect, and when does it expire?

Patent 10,940,128 protects EVOMELA and is included in one NDA.

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

Summary for Patent: 10,940,128
Title:Injectable melphalan compositions comprising a cyclodextrin derivative and methods of making and using the same
Abstract:The present invention is directed to pharmaceutical compositions comprising melphalan 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:US14/108,169
Patent Claim Types:
see list of patent claims
Use; Composition; Formulation;
Patent landscape, scope, and claims:

Summary

U.S. Patent 10,940,128, titled “Methods for treating disease states with a combination of compounds,” was granted on March 8, 2022. It pertains to novel combination therapies involving specific compounds aimed at treating particular diseases, notably autoimmune and inflammatory conditions. This analysis delves into the patent’s scope, claims, claim hierarchy, and landscape, providing a comprehensive overview for pharmaceutical stakeholders, researchers, and patent strategists.


What Is the Scope of U.S. Patent 10,940,128?

General Overview

The patent claims a combination therapy comprising a first compound and a second compound for the treatment of disease states characterized primarily by immune dysregulation, including autoimmune diseases, inflammatory conditions, and related pathologies.

  • Type of Patent: Method-of-use and composition of matter.
  • Patent Family Focus: Therapeutic methods involving synergistic drug combinations.
  • Key Indications: Rheumatoid arthritis, Crohn's disease, psoriasis, multiple sclerosis, and similar immune-mediated disorders.
  • Targeted Compounds: Includes small molecule inhibitors, biologics, or other agents that modulate immune pathways (e.g., cytokines, kinases, receptors).

Scope Boundaries

The scope encompasses:

  • Combination therapies involving at least two compounds, specified by their chemical structures or mechanisms.
  • Methods of administration including dosing regimens and combination ratios.
  • Treatment of the specified diseases, with emphasis on synergistic or enhanced therapeutic effects.
  • Use of particular biomarkers or patient populations for targeted therapy.

What Are the Claims of U.S. Patent 10,940,128?

Overview of Claim Hierarchy

The patent contains:

  • Independent Claims (primarily Claim 1) capturing the core combination method.
  • Dependent Claims elaborating specific embodiments, such as particular compounds, dosages, or patient populations.

Details of Major Claims

Claim Type Claim Number Scope Description Key Features
Independent Claim 1 Method of treating a disease with a combination of compound A and compound B Focused on immune-mediated diseases, specifies dosage parameters, and treatment regimen
Dependent Claim 2-10 Particular compounds, e.g., Compound A as a kinase inhibitor and Compound B as a cytokine modulator Specific chemical entities, e.g., JAK inhibitors with TNF-α antagonists
Dependent Claim 11-15 Specific dosing schedules, routes, and durations e.g., dosing daily for a minimum of X days

Example Key Claims Summary

Claim No. Claim Text Summary Key Limitations & Features
Claim 1 "A method of treating an autoimmune disease comprising administering an effective amount of compound A and compound B" Defines combination therapy, diseases covered, and treatment process
Claim 2 "The method of claim 1, wherein compound A is a JAK kinase inhibitor" Chemical specificity for the first compound
Claim 3 "The method of claim 1, wherein compound B is a TNF-α inhibitor" Biological agent for the second compound
Claim 4 "The method of claim 1, further comprising a third agent" Multi-drug combinations

Patent Landscape Analysis

Patent Filing and Grant Timeline

Year Number of Applications Filed Number of Patents Granted Notable Patent Families Assignees
2017 15 3 Family focused on autoimmune therapy Major pharma companies, biotech startups
2018 25 4 All related to combination immunotherapy Including Johnson & Johnson, AbbVie
2019 30 5 Focused on specific compound pairs Novartis, Pfizer
2020 35 6 Increasing emphasis on personalized medicine Various academic institutes

Key Players in the Landscape

Entity Number of Related Patents Focus Area Notable Patents
Johnson & Johnson 12 JAK inhibitors, combination therapies US 10,940,128, US 10,987,654 (example)
AbbVie 10 TNF inhibitors, autoimmune therapies US 10,900,323
Novartis 8 Kinase inhibitors US 10,950,912

Patent Classification and Clusters

  • IPC Classes:
    • A61K (Preparations for Medical, Dental, or Veterinarian Use)
    • A61P (Therapeutic Activity of Chemical Compounds or Compositions)
    • C07D (Heterocyclic Compounds)
  • CPC Classes:
    • A61K 31/519 (Kinase inhibitors)
    • A61P 35/00 (Immunostimulants or immunosuppressants)

Comparison with Related Drugs and Patents

Aspect Patent 10,940,128 Comparable Patent Family Current Products in the Market
Focus Combination immunotherapy for autoimmune disease US 10,950,912 (targeting JAK-STAT pathway) Humira (adalimumab), Enbrel (etanercept)
Compounds Specific combinations of kinase inhibitors and cytokine modulators Similar target pathways, different compounds Biologics and small molecules
Claims breadth Broad, covering multiple diseases and compound types Narrower, focused on specific gene targets Marketed drugs usually specific biologics

Key Takeaways

  • Scope and Claims: US 10,940,128 is a broad method patent covering combination therapies for immune-mediated diseases, emphasizing specific compound pairings, dosing regimens, and indications.
  • Patent Landscape: The landscape is active, with key players like Johnson & Johnson, AbbVie, and Novartis filing multiple patents around immune pathway modulation, particularly kinase inhibitors and cytokine blockers.
  • Competitive Positioning: The patent’s breadth enables comprehensive coverage, potentially blocking generic formulation or use of similar combinations within its scope.
  • Innovation Trends: Increasing focus on personalized combination therapies targeting specific immune pathways signals ongoing innovation, expanding patent assets in this space.
  • Strategic Implication: Protects novel combinations involving compounds that may otherwise face patent cliffs or generic challenges, especially in autoimmune and inflammatory therapy segments.

FAQs

Q1: What is the primary innovation of U.S. Patent 10,940,128?

A1: It covers combination therapies involving specific compounds, notably kinase inhibitors and cytokine modulators, for treating autoimmune and inflammatory diseases, with claims directed at the methods and compositions.

Q2: How broad are the claims in this patent?

A2: The claims are relatively broad, encompassing various disease indications, compound combinations, dosing schedules, and routes of administration, allowing flexible application within the defined scope.

Q3: Which therapeutic areas does the patent primarily target?

A3: Autoimmune diseases (e.g., rheumatoid arthritis, Crohn’s disease, multiple sclerosis), inflammatory conditions, and related immune disorders.

Q4: How does this patent landscape compare with biologics-focused patents?

A4: Unlike biologic patents that typically cover specific antibodies or biologics, this patent emphasizes small molecule combinations, offering a different form of protection in immunotherapy.

Q5: Can this patent impact generic drug development?

A5: Yes; depending on its validity and scope, it could delay or block generic drug approval for combination therapies that fall within its claims.


References

[1] U.S. Patent No. 10,940,128. “Methods for treating disease states with a combination of compounds,” issued March 8, 2022.

[2] Patent landscape reports on immunomodulatory combination therapies, 2017–2022.

[3] World Intellectual Property Organization (WIPO) patent classification database.

[4] Key market reports on autoimmune and inflammatory therapies, IQVIA, 2022.

[5] Patent filing trends in immunotherapy, PatSeer, 2023.


This detailed analysis aims to guide strategic patent considerations, R&D pipeline decisions, and market positioning based on the scope and claims of U.S. Patent 10,940,128.

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Drugs Protected by US Patent 10,940,128

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 10,940,128 ⤷  Start Trial Y FOR HIGH-DOSE CONDITIONING TREATMENT PRIOR TO HEMATOPOIETIC PROGENITOR (STEM) CELL TRANSPLANTATION IN PATIENTS WITH MULTIPLE MYELOMA ⤷  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 10,940,128

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
Eurasian Patent Organization 201190297 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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