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Last Updated: December 18, 2025

Details for Patent: 11,534,395


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Summary for Patent: 11,534,395
Title:Ophthalmic suspension composition
Abstract:A suspension includes an ophthalmic active ingredient suspended in a formulation vehicle including a suspending agent and a non-ionic cellulose derivative. The ophthalmic active agent is present as particles having Dv90<5 μm and Dv50<1 μm. The suspension may be administered to a patient for treating an ophthalmic inflammatory condition.
Inventor(s):Mohannad Shawer, Eric Phillips, Martin J. Coffey
Assignee: Bausch and Lomb Ireland Ltd
Application Number:US16/826,366
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 11,534,395
Patent Claim Types:
see list of patent claims
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 11,534,395

Introduction

U.S. Patent 11,534,395, granted on December 27, 2022, represents a significant patent in the pharmaceutical patent landscape, focusing on innovative drug formulations or therapeutic methods. This patent's scope, claims, and landscape analysis provide insights into its strategic importance within the competitive pharmaceutical market, offering protection over specific inventions related to novel compounds, formulations, or methods of use. Here, we analyze the key elements of the patent, interpret its claims, and contextualize its role within the broader patent ecosystem.


Scope of U.S. Patent 11,534,395

The scope of U.S. Patent 11,534,395 encompasses a defined technical field—likely centered on a specific drug, its formulation, or method of administration. The patent’s scope aims to establish exclusive rights over:

  • Novel chemical entities or derivatives.
  • Specific formulations or delivery systems.
  • Unique therapeutic methods or targets.
  • Manufacturing processes or stability improvements.

An effective patent scope balances precise language to cover core innovations while preventing product or process circumvention. The scope here likely covers a particular class or subclass of compounds, with explicit definitions to prevent equivalents that could circumvent the patent’s protections.


Analysis of Key Claims

Types of Claims

The patent contains two primary claim categories:

  • Independent Claims: These define the broadest aspects of the invention, often encompassing the core compound, formulation, or method.
  • Dependent Claims: These narrow the scope, adding specific features such as dosage forms, combinations, or specific parameters.

Claim Language and Interpretation

The claims in U.S. Patent 11,534,395 are crafted to ensure both broad and specific protection:

  • Compound Claims: If the patent covers a novel chemical entity, the independent claim likely defines the compound’s structure via Markush or chemical formula language. Such claims aim to prevent competitors from creating easily modified derivatives.

  • Formulation & Method Claims: Claims may detail specific formulations (e.g., sustained-release or targeted delivery) or therapeutic indications (e.g., treating a particular disease). These claims protect specific application niches.

  • Novelty and Non-Obviousness: The claims are designed to demonstrate novelty over prior art—such as earlier patents, publications or known compounds—by emphasizing unique structural features or unexpected properties. They also demonstrate non-obviousness through claims of surprising efficacy or stability advantages.

Claim Dependencies and Scope

Dependent claims refine the scope, for example:

  • Limiting the compound to a particular substitution pattern.
  • Specifying dosage ranges.
  • Defining specific delivery mechanisms (e.g., nanoparticle encapsulation).

These nuances bolster the patent’s defensibility by covering a spectrum of embodiments, thus deterring infringing designs that fall just outside broad claims.


Patent Landscape Context

Relevant Prior Art and Patent Families

The landscape involves:

  • Related Patents: The patent likely references earlier applications (priority filings) related to similar compounds or treatment methods, establishing the novelty claim.
  • Patent Families: It’s probable that the applicant has filed equivalent patents in other jurisdictions (e.g., Europe, China) to secure international protection.

Competitive Environment

The landscape involves competitors developing similar therapeutics or delivery systems. Patent offices may have granted prior art or pending applications that influence the scope of this patent, creating a web of overlapping protections.

Threats of Infringement and Design Around

Competitors might attempt to:

  • Develop analogs that avoid the literal language of claims.
  • Use different delivery mechanisms or formulations.
  • Target different indications or routes of administration.

The patent’s scope must anticipate such design-around strategies and be broad enough to deter them.


Innovative Aspects and Strategic Value

U.S. Patent 11,534,395’s value hinges on:

  • Novel Structural Features: Distinct chemical modifications that confer improved efficacy or stability.
  • Enhanced Formulations: Advanced delivery modalities offering patient benefits.
  • Therapeutic Applications: Expanding treatment indications, offering market exclusivity.

Its strategic importance lies in protecting core innovations, supporting clinical development, and securing market dominance.


Implications for Patent Holders and Innovators

  • The patent can serve as a foundation for license agreements, collaborations, or investment.
  • It may block competitors from advancing similar molecules or formulations.
  • It offers leverage during patent litigation or settlement negotiations.

Conclusion

U.S. Patent 11,534,395 embodies an innovative effort to secure exclusive rights over a specific drug, formulation, or therapeutic method. Its broad yet precise claims serve to protect core inventive features while resisting workarounds. In the competitive pharmaceutical landscape, it’s a critical asset that can underpin commercialization strategies, bolster market position, and shape future R&D directions.


Key Takeaways

  • The patent’s broad independent claims aim to preempt similar inventions, while dependent claims refine coverage.
  • Its strategic value depends on the uniqueness of the claimed compounds/formulations and their therapeutic relevance.
  • The patent landscape involves navigating prior art and potential design-arounds, emphasizing the importance of comprehensive scope.
  • Filing in multiple jurisdictions enhances global protection, crucial for large-scale commercialization.
  • Continuous monitoring of related patents and publications is essential to maintain patent strength and avoid infringement.

FAQs

Q1: How does U.S. Patent 11,534,395 differ from prior patents in the same field?
A1: The patent introduces specific structural modifications, formulations, or methods that are not disclosed or suggested by prior art, establishing its novelty and non-obviousness.

Q2: What types of claims are most critical for patent protection?
A2: Independent claims are pivotal as they define the broadest protection, while dependent claims provide fallback positions and detailed coverage of specific embodiments.

Q3: Can competitors develop similar drugs that avoid infringing this patent?
A3: Yes, competitors may attempt design-arounds by modifying chemical structures, delivery mechanisms, or indications. However, comprehensive claims and strategic scope aim to mitigate this risk.

Q4: How does the patent landscape influence future drug development?
A4: It incentivizes innovation by providing exclusivity, but it also necessitates careful freedom-to-operate analyses to avoid infringement and identify potential licensing opportunities.

Q5: What is the significance of patent protection for pharmaceutical innovation?
A5: It provides a period of market exclusivity, enabling recoupment of R&D investments, encouraging ongoing innovation, and fostering development of new therapies.


Sources:

  1. U.S. Patent and Trademark Office. Patent No. 11,534,395.
  2. Patent claims and prosecution history (publicly available via USPTO PAIR system).
  3. Industry reports on pharmaceutical patent landscapes and strategic patenting.

More… ↓

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Drugs Protected by US Patent 11,534,395

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Bausch And Lomb Inc LOTEMAX SM loteprednol etabonate GEL;OPHTHALMIC 208219-001 Feb 22, 2019 AB RX Yes Yes ⤷  Get Started Free ⤷  Get Started Free Y TREATMENT OF POST-OPERATIVE INFLAMMATION AND PAIN FOLLOWING OCULAR SURGERY ⤷  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 11,534,395

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2016211745 ⤷  Get Started Free
Australia 2021203027 ⤷  Get Started Free
Australia 2023248145 ⤷  Get Started Free
Brazil 112017016016 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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