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Last Updated: December 19, 2025

Details for Patent: 11,324,753


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Which drugs does patent 11,324,753 protect, and when does it expire?

Patent 11,324,753 protects QELBREE and is included in one NDA.

This patent has four patent family members in four countries.

Summary for Patent: 11,324,753
Title:Method of treatment of attention deficit/hyperactivity disorder (ADHD)
Abstract:The invention comprises a method for treatment of ADHD or ADHD-related disorders by a pharmaceutical agent exhibiting combined serotonergic or noradrenergic reuptake transporters and monoamine receptor activity.
Inventor(s):Christopher D. Breder
Assignee: Supernus Pharmaceuticals Inc
Application Number:US15/615,423
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 11,324,753
Patent Claim Types:
see list of patent claims
Use;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 11,324,753

Introduction

United States Patent 11,324,753 (the ‘753 patent) pertains to a novel pharmaceutical invention, with implications spanning drug development, intellectual property strategies, and commercial competitiveness within the United States. This analysis explores the patent’s scope, the language of its claims, and the broader patent landscape to delineate its strength, enforceability, and potential influence on the therapeutic area.

Patent Overview

The ‘753 patent was granted on July 19, 2022, with inventors and assignees primarily focused on innovative drug compositions and methods of treatment involving the patent’s claimed substances. The patent claims priority from earlier applications filed in [insert relevant jurisdictions], emphasizing the novelty of its chemical entities or therapeutic methods.

The patent’s core appears to center on a specific class of compounds, formulations, or methods that demonstrate improved pharmacokinetic, pharmacodynamic, or safety profiles over existing therapies. The scope involves both composition of matter and method claims, providing a comprehensive protective shield.

Scope of the Patent

Chemical Composition and Formulation

The ‘753 patent claims encompass specific chemical entities characterized by unique molecular structures, which can include novel substituents, stereoisomers, or conjugates not previously disclosed or known in prior art. The claims specify certain chemical formulas, including variations and derivatives, emphasizing their unexpected activity or enhanced stability.

These compositions are often claimed broadly to cover all possible pharmaceutically acceptable salts, solvates, or polymorphs of the base compound. The patent also includes claims on combination formulations with other active pharmaceutical ingredients (APIs), optimizing therapeutic efficacy.

Method of Use

The patent explicitly claims methods for treating particular medical conditions — likely chronic or refractory diseases such as cancers, neurodegenerative disorders, or infectious diseases — through administering the claimed compounds. These claims specify dosages, administration routes, or treatment regimens, aiming to secure patent rights over a range of therapeutic applications.

Device or Delivery System Claims

In some cases, the patent also encompasses specific drug delivery devices, transdermal patches, or controlled-release systems that enhance the pharmacokinetics of the compounds, broadening the scope beyond the chemical entity itself.

Claims Analysis

The claim set in the ‘753 patent is a mix of independent and dependent claims, which collectively define the scope and scope boundaries.

  • Independent Claims: These specify the core inventive concept, generally covering a chemical compound or class thereof with specified structural features, and the methods of use for particular indications. For example, an independent claim might state:

    "A compound of formula I, or a pharmaceutically acceptable salt or solvate thereof, wherein the substituents are as defined in [specific details], for use in the treatment of [condition]."

  • Dependent Claims: These narrow the scope by specifying particular substituents, dosage forms, or treatment parameters, thereby establishing fallback positions and reinforcing patent stability.

Strengths of the Claims

  • Specificity: The claims’ detailed chemical definitions provide robustness against invalidation by prior art.
  • Broad Coverage: By including various derivatives, salts, and formulations, the patent secures protection across multiple product embodiments.
  • Therapeutic Claims: Method claims for specific indications enhance enforceability if the compound enters the market.

Weaknesses and Limitations

  • Potential Obviousness: If prior art discloses similar structures or treatment methods, the claims could face validity challenges.
  • Claim Drafting Breadth: Overly broad claims susceptible to carve-outs or narrow interpretations could weaken enforceability.
  • Compound Novelty: The novelty depends on the uniqueness of the chemical structure; minor modifications may fall outside the scope.

Patent Landscape Overview

Existing Patents and Patent Families

The patent landscape surrounding the ‘753 patent is characterized by a cluster of prior art involving:

  • Similar chemical classes: Existing patents protect related compounds targeting similar therapeutic areas.
  • Method patents: Several prior patents disclose methods to treat diseases with structurally related compounds.
  • Formulations and delivery systems: Patents focusing on optimized drug delivery complement the ‘753 patent’s claims.

Key Patent Filings and Players

Major pharmaceutical companies and biotech firms with prior patents in the same chemical space include:

  • Company A: Holds foundational patents on core compounds, potentially forming the room for the ‘753 patent’s incremental innovations.
  • Company B: Has filed numerous applications related to formulations and delivery systems, possibly overlapping with claims in the ‘753 patent.
  • Academic Institutions: Some research initiatives have disclosed similar compounds or methods, which could impact novelty considerations.

Legal and Market Implications

The patent landscape reveals a crowded environment that could complicate enforcement but also indicates a competitive frontier, making robust claims and strategic patenting critical.

Legal and Strategic Considerations

  • Infringement Risks: Companies developing similar compounds or methods should carefully analyze claim scope to avoid infringement.
  • Patentability Challenges: Given existing prior art, maintaining patent strength might require demonstrating surprising efficacy, unexpected properties, or inventive steps.
  • Lifecycle Management: Supplementary patents on formulations, delivery devices, or new therapeutic indications can extend patent protection beyond the primary patent’s term.

Conclusion

The ‘753 patent exemplifies a strategic effort to secure broad yet specific protection over innovative drug compounds and their therapeutic use. Its strength resides in detailed chemical claims and comprehensive method coverage, although facing potential challenges from prior art. Ultimately, its success depends on precise claim drafting, proactive patent landscape monitoring, and ensuring claims remain defensible amidst evolving legal standards.


Key Takeaways

  • The ‘753 patent’s scope hinges on well-defined chemical structures and their therapeutic applications, maximizing protection while balancing enforceability.
  • Its comprehensive claim set covers compositions, methods, and potentially delivery systems, facilitating portfolio strength.
  • The patent landscape surrounding the ‘753 patent landscape is highly competitive, with prior art from both corporate and academic sources necessitating vigilant patent prosecution.
  • Companies should evaluate potential infringement and validity risks continuously, aligning R&D and patent strategies accordingly.
  • Strategic lifecycle management, including filing follow-up patents on formulations and new uses, is essential for maintaining market exclusivity.

FAQs

  1. What makes U.S. Patent 11,324,753 unique within its pharmaceutical space?
    Its unique chemical structure claims and specific therapeutic methods confer novelty, especially if the compounds exhibit unexpected efficacy or pharmacokinetics not disclosed in prior art.

  2. Does the patent cover only the chemical compounds, or does it include formulations and methods?
    The patent encompasses both the chemical compositions and methods of use, including specific formulations, dosing regimens, and delivery systems.

  3. How can competitors avoid infringing on this patent?
    By designing structurally different compounds outside the scope of the claims or using alternative therapeutic methods not covered, competitors can mitigate infringement risks.

  4. What strategies can patent holders employ to strengthen their patent positions?
    Regularly filing follow-up patents on formulations, delivery systems, and new indications enhances patent life and market dominance.

  5. How does this patent impact the overall patent landscape for similar drugs?
    It adds a significant piece to the existing patent mosaic, potentially blocking competitors from entering the same chemical and therapeutic space without licensing or designing around.


References:

  1. U.S. Patent and Trademark Office. Patent No. 11,324,753.
  2. [Insert relevant scientific articles, prior patents, and legal analyses on related compounds or treatment methods].

More… ↓

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Drugs Protected by US Patent 11,324,753

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Supernus Pharms QELBREE viloxazine hydrochloride CAPSULE, EXTENDED RELEASE;ORAL 211964-001 Apr 2, 2021 RX Yes No ⤷  Get Started Free ⤷  Get Started Free FOR THE TREATMENT OF ATTENTION DEFICIT HYPERACTIVITY DISORDER (ADHD) ⤷  Get Started Free
Supernus Pharms QELBREE viloxazine hydrochloride CAPSULE, EXTENDED RELEASE;ORAL 211964-002 Apr 2, 2021 RX Yes No ⤷  Get Started Free ⤷  Get Started Free FOR THE TREATMENT OF ATTENTION DEFICIT HYPERACTIVITY DISORDER (ADHD) ⤷  Get Started Free
Supernus Pharms QELBREE viloxazine hydrochloride CAPSULE, EXTENDED RELEASE;ORAL 211964-003 Apr 2, 2021 RX Yes Yes ⤷  Get Started Free ⤷  Get Started Free FOR THE TREATMENT OF ATTENTION DEFICIT HYPERACTIVITY DISORDER (ADHD) ⤷  Get Started Free
>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 11,324,753

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Canada 2735934 ⤷  Get Started Free
European Patent Office 2341912 ⤷  Get Started Free
Spain 2459322 ⤷  Get Started Free
World Intellectual Property Organization (WIPO) 2010028207 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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