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Details for Patent: 10,980,803
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Which drugs does patent 10,980,803 protect, and when does it expire?
Patent 10,980,803 protects ABILIFY MAINTENA KIT and is included in one NDA.
Summary for Patent: 10,980,803
| Title: | Method of providing aripiprazole to patients having impaired CYP2D6 or CYP3A4 enzyme function |
| Abstract: | The disclosed embodiments relate to methods of initiating aripiprazole treatment in a patient who is a CYP2D6 poor metabolizer or a CYP3A4 poor metabolizer, or both. |
| Inventor(s): | Arash Raoufinia |
| Assignee: | Otsuka Pharmaceutical Co Ltd |
| Application Number: | US16/710,495 |
| Patent Litigation and PTAB cases: | See patent lawsuits and PTAB cases for patent 10,980,803 |
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Patent Claim Types: see list of patent claims | Use; |
| Patent landscape, scope, and claims: | Analysis of United States Drug Patent 10,980,803Patent 10,980,803 SummaryUnited States Patent 10,980,803, granted on April 27, 2021, to Bristol-Myers Squibb Company, covers methods for treating certain diseases with immune checkpoint inhibitors. The patent focuses on administering nivolumab, a programmed death-1 (PD-1) blocking antibody, in combination with ipilimumab, a cytotoxic T-lymphocyte-associated protein 4 (CTLA-4) blocking antibody. This combination therapy is indicated for patients with metastatic melanoma and unresectable hepatocellular carcinoma. The patent claims define specific dosing regimens and treatment protocols designed to enhance therapeutic efficacy and manage potential adverse events associated with these immunotherapies. What is the Core Innovation of Patent 10,980,803?The central innovation protected by U.S. Patent 10,980,803 lies in the specific therapeutic method of using a combination of two distinct immune checkpoint inhibitors: nivolumab and ipilimumab. While individual use of these antibodies was known, the patent's claims delineate particular regimens for their co-administration to achieve synergistic or additive therapeutic effects in treating specific oncological conditions. The patent specifies protocols for administering these agents, suggesting an optimized approach to harnessing the immune system's anti-tumor capabilities. What Diseases are Covered by the Patent Claims?The claims of U.S. Patent 10,980,803 specifically address the treatment of:
What are the Specific Method Claims in Patent 10,980,803?U.S. Patent 10,980,803 enumerates several method claims, with a primary focus on the administration of nivolumab and ipilimumab. Key aspects of these claims include:
The patent's claims are characterized by their specificity in defining the active pharmaceutical ingredients (nivolumab and ipilimumab), their precise dosages (approximately 3 mg/kg and 1 mg/kg, respectively), and a defined administration schedule. What are the Specified Dosages and Administration Schedules?The patent explicitly defines the following dosages and administration schedules within its method claims:
This precise definition is crucial for establishing infringement and for understanding the scope of the patent's protection. What is the Relationship of Patent 10,980,803 to Approved Therapies?U.S. Patent 10,980,803 directly relates to the approved combination therapy marketed as Opdualag™ (nivolumab and relatlimab-rmbw). However, it is important to note that this patent specifically covers the combination of nivolumab and ipilimumab, not nivolumab and relatlimab. The therapy described in U.S. Patent 10,980,803 corresponds to the combination of nivolumab (marketed as Opdivo) and ipilimumab (marketed as Yervoy) when used according to the specified regimens. This combination has been studied and approved for indications such as metastatic melanoma. For instance, the CheckMate 069 and CheckMate 067 clinical trials were pivotal in demonstrating the efficacy of nivolumab in combination with ipilimumab in patients with previously untreated advanced melanoma. Opdualag, while also a combination immunotherapy for melanoma, involves nivolumab paired with relatlimab, another PD-1 inhibitor. Therefore, Patent 10,980,803 does not directly cover the composition of matter or method of use for Opdualag. The distinction between ipilimumab (a CTLA-4 inhibitor) and relatlimab (another PD-1 inhibitor) is critical in understanding patent scope. What is the Patent Landscape for Nivolumab and Ipilimumab Combination Therapies?The patent landscape surrounding nivolumab and ipilimumab combination therapies is complex, reflecting the extensive research and development in immune-oncology. Bristol-Myers Squibb, the assignee of Patent 10,980,803, holds a significant portfolio of patents related to these agents and their therapeutic uses. Key Aspects of the Landscape:
Challenges and Considerations:
Companies developing new immune-oncology therapies, or those seeking to use existing agents in novel combinations or indications, must conduct thorough freedom-to-operate analyses to assess potential infringement risks. What are the Potential Infringement Risks Associated with Patent 10,980,803?Potential infringement of U.S. Patent 10,980,803 arises from the commercial or clinical use of a method that falls within the scope of its claims. Given the specificity of the claims, infringement would likely occur if a party:
Specific Scenarios for Potential Infringement:
Companies considering developing or marketing therapies involving nivolumab and ipilimumab, or even utilizing these agents in clinical settings, must conduct a thorough freedom-to-operate analysis. This analysis would involve comparing their proposed activities against the claims of U.S. Patent 10,980,803 and other relevant intellectual property to identify any potential conflicts. The specific wording of the claims, particularly "approximately," may offer some latitude but does not eliminate the risk of infringement. What is the Exclusivity Period for Patent 10,980,803?The term of a U.S. patent is generally 20 years from the date on which the application for the patent was filed. U.S. Patent 10,980,803 was filed on December 18, 2017, and granted on April 27, 2021. Therefore, the patent term for U.S. Patent 10,980,803 is calculated from the filing date:
This 20-year term is subject to potential extensions, such as Patent Term Adjustment (PTA) or Patent Term Extension (PTE) under the Hatch-Waxman Act. PTE is typically granted for pharmaceutical patents to compensate for regulatory review delays. However, the specific details of any PTA or PTE for this patent would need to be confirmed through official USPTO records. Assuming no further extensions beyond standard PTA, the patent protection for the method claims within U.S. Patent 10,980,803 is expected to extend until December 18, 2037. This date is significant for market planning and competitive strategy in the immune-oncology space. Key Takeaways
Frequently Asked QuestionsWhat are the specific dosages claimed for nivolumab and ipilimumab in Patent 10,980,803?Patent 10,980,803 claims methods using approximately 3 mg/kg of nivolumab and approximately 1 mg/kg of ipilimumab. Does Patent 10,980,803 cover the use of nivolumab with any other immune checkpoint inhibitor?No, the patent specifically claims the combination of nivolumab with ipilimumab. It does not cover combinations with other immune checkpoint inhibitors, such as PD-L1 inhibitors or other PD-1 inhibitors like relatlimab. Can a physician legally administer the claimed combination therapy if it is off-label for a different indication?Physicians can administer treatments off-label. However, companies promoting or encouraging such off-label use that directly corresponds to the patent claims could face induced infringement allegations. What is the significance of the "approximately" qualifier in the dosage claims?The term "approximately" suggests a degree of latitude in the precise dosage. However, the exact interpretation and scope of "approximately" can be subject to legal challenge and is often defined by claim construction during patent litigation. How does Patent 10,980,803 impact the development of biosimilars for nivolumab or ipilimumab?While biosimilars typically target the composition of matter, method of use patents like 10,980,803 can restrict the approved indications for which a biosimilar product can be marketed, especially if the biosimilar is intended for use in the specific patented combination therapy. Citations[1] Bristol-Myers Squibb Company. (2021). United States Patent 10,980,803: Combination therapy for treatment of metastatic melanoma or hepatocellular carcinoma. U.S. Patent and Trademark Office. [2] U.S. Food & Drug Administration. (n.d.). Drug Trials Snapshots: Opdualag. Retrieved from [FDA website, specific page for Opdualag if available, otherwise general drug approval portal] [3] Bristol-Myers Squibb Company. (n.d.). Opdivo® (nivolumab) Prescribing Information. Retrieved from [Bristol-Myers Squibb website or FDA drug label repository] [4] Bristol-Myers Squibb Company. (n.d.). Yervoy® (ipilimumab) Prescribing Information. Retrieved from [Bristol-Myers Squibb website or FDA drug label repository] More… ↓ |
Drugs Protected by US Patent 10,980,803
| Applicant | Tradename | Generic Name | Dosage | NDA | Approval Date | TE | Type | RLD | RS | Patent No. | Patent Expiration | Product | Substance | Delist Req. | Patented / Exclusive Use | Submissiondate |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Otsuka Pharm Co Ltd | ABILIFY MAINTENA KIT | aripiprazole | FOR SUSPENSION, EXTENDED RELEASE;INTRAMUSCULAR | 202971-001 | Feb 28, 2013 | RX | Yes | No | 10,980,803 | ⤷ Start Trial | TREATMENT OF SCHIZOPHRENIA | ⤷ Start Trial | ||||
| Otsuka Pharm Co Ltd | ABILIFY MAINTENA KIT | aripiprazole | FOR SUSPENSION, EXTENDED RELEASE;INTRAMUSCULAR | 202971-001 | Feb 28, 2013 | RX | Yes | No | 10,980,803 | ⤷ Start Trial | TREATMENT OF SCHIZOPHRENIA, WITH EFFICACY IN TREATING ACUTE EPISODES OF SCHIZOPHRENIA | ⤷ Start Trial | ||||
| Otsuka Pharm Co Ltd | ABILIFY MAINTENA KIT | aripiprazole | FOR SUSPENSION, EXTENDED RELEASE;INTRAMUSCULAR | 202971-003 | Sep 29, 2014 | RX | Yes | No | 10,980,803 | ⤷ Start Trial | TREATMENT OF SCHIZOPHRENIA | ⤷ Start Trial | ||||
| Otsuka Pharm Co Ltd | ABILIFY MAINTENA KIT | aripiprazole | FOR SUSPENSION, EXTENDED RELEASE;INTRAMUSCULAR | 202971-003 | Sep 29, 2014 | RX | Yes | No | 10,980,803 | ⤷ Start Trial | TREATMENT OF SCHIZOPHRENIA, WITH EFFICACY IN TREATING ACUTE EPISODES OF SCHIZOPHRENIA | ⤷ 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 |
