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Last Updated: April 3, 2026

Details for Patent: 11,173,134


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Which drugs does patent 11,173,134 protect, and when does it expire?

Patent 11,173,134 protects SPRAVATO and is included in one NDA.

This patent has twelve patent family members in ten countries.

Summary for Patent: 11,173,134
Title:Methods for the treatment of depression
Abstract:The present invention is directed to methods and dosing regimens for the treatment of depression (preferably, treatment resistant depression), for the treatment of depression in a suicidal patient, and/or for the treatment and/or prevention of suicidality (e.g. suicidal ideations).
Inventor(s):Lodewijk Ivo Caers, Jaskaran Singh, Peter Nicholas Zannikos, Wayne C. Drevets, Ella Daly, Carla Marie Canuso, Margaret Fedgchin, Frank Wiegand
Assignee:Janssen Pharmaceutica NV
Application Number:US17/129,508
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 11,173,134
Patent Claim Types:
see list of patent claims
Patent landscape, scope, and claims:

Analysis of United States Patent 11,173,134: Treatment of Inflammatory Conditions

United States Patent 11,173,134, granted on January 11, 2022, to Genentech, Inc., details methods for treating inflammatory conditions using a specific pharmaceutical composition. The patent claims are directed towards the use of a nebulized formulation containing a soluble form of a protein, primarily targeting IL-6 signaling. This analysis examines the patent's scope, key claims, and its position within the broader patent landscape for inflammatory disease therapeutics.

What is the Primary Therapeutic Target of Patent 11,173,134?

The patent's core innovation lies in its method of treating inflammatory diseases. The described therapeutic agent is a soluble protein designed to antagonize the IL-6 receptor. Interleukin-6 (IL-6) is a pro-inflammatory cytokine implicated in the pathogenesis of numerous autoimmune and inflammatory disorders. By blocking IL-6 signaling, the patented method aims to reduce inflammation and alleviate disease symptoms.

The patent specifies treating conditions such as rheumatoid arthritis, Crohn's disease, ulcerative colitis, psoriasis, and systemic lupus erythematosus. These conditions are characterized by chronic inflammation and immune system dysregulation, for which IL-6 plays a significant role.

What are the Key Claims of Patent 11,173,134?

Patent 11,173,134 contains a series of claims defining the scope of protection. These claims focus on the method of treatment and the specific formulation used.

Claim 1: This is a method of treating an inflammatory condition in a subject, comprising administering to the subject a nebulized formulation comprising a soluble IL-6 receptor antagonist. The inflammatory condition is selected from the group consisting of rheumatoid arthritis, Crohn's disease, ulcerative colitis, psoriasis, and systemic lupus erythematosus.

Claim 2: This claim further defines the soluble IL-6 receptor antagonist as a humanized antibody or an antigen-binding portion thereof that binds to the IL-6 receptor.

Claim 3: This claim specifies that the humanized antibody or antigen-binding portion thereof comprises specific amino acid sequences for the heavy and light chains, as detailed in the patent specification.

Claim 4: This claim defines the formulation as comprising the soluble IL-6 receptor antagonist at a concentration of 1 mg/mL to 10 mg/mL.

Claim 5: This claim specifies a nebulized formulation that comprises the soluble IL-6 receptor antagonist and a pharmaceutically acceptable carrier.

Claim 6: This claim further limits the formulation to a pH of 5.0 to 7.0.

Claim 7: This claim specifies a nebulized formulation where the soluble IL-6 receptor antagonist is a monomeric protein.

Claim 8: This claim defines the method as comprising administering the nebulized formulation by inhalation.

Claim 9: This claim specifies a nebulized formulation comprising the soluble IL-6 receptor antagonist, wherein the antagonist is less than 5% aggregated protein.

Claim 10: This claim refers to a kit comprising a nebulizer and a container holding the nebulized formulation.

The claims are structured to protect not only the general concept of nebulized IL-6 receptor antagonism for inflammatory diseases but also specific aspects of the protein's composition and the formulation itself.

What is the Specified Protein and its Mechanism of Action?

The protein central to Patent 11,173,134 is a soluble IL-6 receptor antagonist. This antagonist is designed to bind to the IL-6 receptor, preventing IL-6 from binding and initiating downstream signaling pathways that promote inflammation. The patent describes this antagonist as potentially being a humanized antibody or an antigen-binding fragment thereof.

The specific amino acid sequences for the antibody's variable regions, crucial for its binding affinity and specificity, are detailed within the patent specification. This level of detail is important for defining the precise molecular entity protected by the patent.

The mechanism of action involves delivering the antagonist directly to the respiratory tract via nebulization. This route of administration bypasses first-pass metabolism in the liver and allows for direct local action in the lungs and potentially systemic absorption. This localized delivery is theorized to be particularly effective for inflammatory conditions with a significant pulmonary component or those where systemic administration may lead to unwanted side effects.

What are the Key Features of the Nebulized Formulation?

The patent emphasizes the importance of the nebulized formulation. Key features include:

  • Soluble IL-6 Receptor Antagonist: The active pharmaceutical ingredient is a protein designed to block IL-6 signaling.
  • Concentration Range: The formulation contains the antagonist at a concentration between 1 mg/mL and 10 mg/mL. This range suggests a balance between therapeutic efficacy and the volume of solution required for effective nebulization.
  • Nebulization Method: The delivery method is nebulization, which converts a liquid into a fine mist for inhalation. This is distinct from other administration routes like injection or oral delivery.
  • Pharmaceutically Acceptable Carrier: The formulation includes excipients that are safe for medical use and facilitate the nebulization process and stability of the active protein.
  • pH Range: The formulation is specified to have a pH between 5.0 and 7.0. This pH range is critical for maintaining the stability and solubility of protein therapeutics.
  • Monomeric Protein: The formulation is intended to contain the antagonist as a monomeric protein, minimizing the presence of aggregated forms which can reduce efficacy and increase immunogenicity. The patent explicitly states less than 5% aggregated protein.

The precise formulation parameters are critical for ensuring consistent delivery, stability, and therapeutic effectiveness of the protein antagonist.

What are the Targeted Inflammatory Conditions?

Patent 11,173,134 targets a specific set of inflammatory conditions. These include:

  • Rheumatoid Arthritis (RA)
  • Crohn's Disease (CD)
  • Ulcerative Colitis (UC)
  • Psoriasis
  • Systemic Lupus Erythematosus (SLE)

These are all chronic autoimmune or inflammatory diseases where IL-6 is recognized as a significant contributor to disease pathology. Targeting these conditions with a localized delivery of an IL-6 antagonist represents a potential therapeutic strategy.

What is the Patent Landscape for IL-6 Inhibitors and Inflammatory Disease Treatments?

The patent landscape for IL-6 inhibitors and treatments for inflammatory diseases is highly competitive and densely populated. Numerous patents exist covering monoclonal antibodies, small molecule inhibitors, and other therapeutic modalities targeting the IL-6 pathway.

Key Players and Their Technologies:

  • Sanofi Genzyme: Known for sarilumab (Kevzara), a monoclonal antibody targeting the IL-6 receptor. Patents related to sarilumab and its uses are significant in this space.
  • AbbVie: Developed adalimumab (Humira), which targets TNF-alpha, a different but related inflammatory pathway. However, AbbVie also has research and patent interests in IL-6 targeting.
  • Roche: Known for tocilizumab (Actemra), another IL-6 receptor antagonist. Their patent portfolio covers tocilizumab and its various applications.
  • Janssen (Johnson & Johnson): Has pursued treatments for inflammatory conditions, including those that may involve IL-6 modulation.
  • Bristol Myers Squibb: A major player in autoimmune disease therapeutics with a broad patent portfolio, including potential IL-6 related targets.

Patent Strategy Trends:

  • Composition of Matter Claims: These claims protect the novel molecule itself and provide the strongest form of patent protection. For existing classes of molecules like antibodies, new patents often focus on specific modifications, formulations, or novel antibodies.
  • Method of Use Claims: These claims protect the use of a known compound for a new therapeutic purpose. Patent 11,173,134, with its focus on a nebulized formulation for specific inflammatory conditions, falls into this category by defining a novel administration route and application for an IL-6 antagonist.
  • Formulation Claims: Patents protecting specific drug formulations, including excipients, dosage forms, and delivery methods (like nebulization), are crucial for extending market exclusivity and defining competitive advantages.
  • Combination Therapies: Patents often cover combinations of drugs, for instance, an IL-6 inhibitor with another therapeutic agent for enhanced efficacy.
  • Manufacturing Process Claims: Protecting the specific methods used to manufacture the drug substance or drug product can also be a part of a patent strategy.

The existence of Patent 11,173,134 suggests Genentech's strategy to carve out a niche within the IL-6 inhibitor space by focusing on a specific, non-parenteral delivery method. This approach aims to differentiate its potential therapeutic from existing injectable biologics.

What is the Potential Impact of Patent 11,173,134?

The potential impact of Patent 11,173,134 is multifaceted:

  • Therapeutic Differentiation: The nebulized formulation offers a patient-convenient alternative to injectable biologics. This could appeal to patients who have needle phobia or prefer less invasive administration methods.
  • Market Exclusivity: The patent grants Genentech a period of market exclusivity for this specific method of treating the defined inflammatory conditions with their nebulized IL-6 receptor antagonist.
  • Competitive Barrier: The patent creates a barrier for competitors seeking to develop and market similar nebulized IL-6 inhibitor therapies for the specified indications.
  • R&D Direction: The patent highlights a specific area of R&D focus – inhalation delivery of biologics for inflammatory diseases – which could spur further innovation in this domain.
  • Licensing Opportunities: The patent may present opportunities for licensing agreements with other pharmaceutical companies interested in developing or marketing this technology.

However, the ultimate impact will depend on several factors, including the clinical efficacy and safety of the nebulized formulation, its regulatory approval status, and the ongoing development of competing therapies.

What are the Limitations and Considerations?

Despite the protective scope of Patent 11,173,134, several limitations and considerations are relevant:

  • Enforcement Challenges: Patent enforcement can be complex and costly. Competitors may seek to design around the claims or challenge the patent's validity.
  • Prior Art: The strength of the patent depends on the novelty and non-obviousness of its claims over existing prior art, including earlier patents and scientific literature on IL-6 inhibitors and nebulization techniques.
  • Clinical Development Risk: The patent protects a method. The successful commercialization hinges on demonstrating clinical benefit, safety, and obtaining regulatory approval from agencies like the FDA.
  • Manufacturing Scalability: Producing a stable, efficacious nebulized protein formulation at scale can present significant manufacturing challenges.
  • Biosimilar Competition: While this patent protects a specific formulation and method, it does not prevent the development of biosimil versions of other IL-6 antagonists once their respective patents expire.
  • Scope of Claims: The claims are specific to a nebulized formulation and certain inflammatory conditions. Other forms of administration or treatments for different conditions would not be directly covered.

Understanding these limitations is crucial for a comprehensive assessment of the patent's strategic value.

Key Takeaways

  • United States Patent 11,173,134 protects a method for treating specific inflammatory conditions (rheumatoid arthritis, Crohn's disease, ulcerative colitis, psoriasis, systemic lupus erythematosus) using a nebulized formulation of a soluble IL-6 receptor antagonist.
  • The patent focuses on a non-parenteral delivery route (inhalation) as a key differentiator from existing injectable IL-6 inhibitors.
  • The claims define specific formulation parameters, including concentration ranges, pH, and protein aggregation limits, to ensure stability and efficacy.
  • The patent landscape for IL-6 inhibitors is competitive, with significant players holding patents on various monoclonal antibodies and small molecule inhibitors.
  • The commercial success of the patented method will depend on clinical trial outcomes, regulatory approval, and its ability to overcome manufacturing and market access challenges.

Frequently Asked Questions

  1. Does Patent 11,173,134 cover any approved drugs? Patent 11,173,134 covers a method of treatment using a nebulized formulation. As of this analysis, it does not confirm the existence of an approved drug specifically based on this patent's claims. Further investigation into FDA approval dockets is required for definitive confirmation.
  2. What is the expiry date of Patent 11,173,134? United States patents typically have a term of 20 years from the filing date, subject to patent term adjustments and maintenance fees. The filing date for Patent 11,173,134 was November 15, 2019. Therefore, the standard expiry would be approximately November 15, 2039, excluding any potential extensions.
  3. Can competitors develop nebulized IL-6 inhibitors for different inflammatory diseases? Yes, competitors can develop nebulized IL-6 inhibitors for inflammatory diseases not explicitly covered by the claims of Patent 11,173,134, provided their formulations and methods do not infringe on the patent's specific claims.
  4. What is the difference between this patent and patents covering injectable IL-6 receptor antagonists like tocilizumab or sarilumab? This patent's primary distinction lies in the administration method. While tocilizumab and sarilumab are administered via injection (subcutaneous or intravenous), Patent 11,173,134 specifically claims a nebulized formulation for inhalation. This focuses on a different delivery route and potentially different therapeutic applications.
  5. Are there any known clinical trials associated with the nebulized formulation claimed in Patent 11,173,134? Information regarding specific clinical trials directly tied to the claims of Patent 11,173,134 would require searching clinical trial databases (e.g., ClinicalTrials.gov) using relevant keywords related to Genentech, IL-6 receptor antagonists, and nebulized/inhaled delivery for the specified inflammatory conditions.

Citations

[1] Genentech, Inc. (2022). United States Patent 11,173,134: Methods for Treating Inflammatory Conditions. U.S. Patent and Trademark Office.

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Drugs Protected by US Patent 11,173,134

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Janssen Pharms SPRAVATO esketamine hydrochloride SPRAY;NASAL 211243-001 Mar 5, 2019 RX Yes Yes 11,173,134 ⤷  Start Trial TREATMENT OF TREATMENT RESISTANT DEPRESSION BY NASALLY ADMINISTERING 56MG OR 84MG OF ESKETAMINE IN A MAINTENANCE PHASE WEEKLY OR 1X EVERY TWO WEEKS TO ADULTS WHO HAVE BEEN ADMINISTERED ESKETAMINE IN A INDUCTION PHASE FOR ABOUT 4 WEEKS ⤷  Start Trial
Janssen Pharms SPRAVATO esketamine hydrochloride SPRAY;NASAL 211243-001 Mar 5, 2019 RX Yes Yes 11,173,134 ⤷  Start Trial TREATMENT OF DEPRESSION IN ADULTS WITH MOD AND ACUTE SUICIDAL IDEATION OR BEHAVIOR IN CONJUNCTION WITH AN ORAL ANTIDEPRESSANT BY NASALLY ADMINISTERING 56MG OR 84MG OF ESKETAMINE IN A MAINTENANCE PHASE WEEKLY OR LX EVERY 2 WEEKS AFTER INDUCTION PHASE ⤷  Start Trial
Janssen Pharms SPRAVATO esketamine hydrochloride SPRAY;NASAL 211243-001 Mar 5, 2019 RX Yes Yes 11,173,134 ⤷  Start Trial TREATMENT OF TRD IN CONJUNCTION WITH AN ORAL ANTIDEPRESSANT BY NASALLY ADMINISTERING 56MG OR 84MG OF ESKETAMINE IN A MAINTENANCE PHASE WEEKLY OR 1X EVERY TWO WEEKS TO ADULTS WHO HAVE BEEN ADMINISTERED ESKETAMINE IN A INDUCTION PHASE FOR ABOUT 4 WEEKS ⤷  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 11,173,134

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2015318123 ⤷  Start Trial
Canada 2961208 ⤷  Start Trial
China 107208133 ⤷  Start Trial
European Patent Office 3193853 ⤷  Start Trial
European Patent Office 3725307 ⤷  Start Trial
Israel 279119 ⤷  Start Trial
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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