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Last Updated: March 26, 2026

Details for Patent: 11,969,409


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Which drugs does patent 11,969,409 protect, and when does it expire?

Patent 11,969,409 protects OTEZLA XR and is included in one NDA.

This patent has thirteen patent family members in thirteen countries.

Summary for Patent: 11,969,409
Title:Formulations of apremilast
Abstract:Provided herein are oral dosage forms comprising a) a core tablet comprising (i) a drug layer comprising apremilast and hypromellose acetate succinate (HPMCAS) in an amorphous solid dispersion; and (ii) a swellable layer comprising one or more swellable polymers; and b) a coating layer disposed on the core tablet, wherein the oral dosage form surface comprises at least one drug release orifice. The disclosed oral dosage forms provide once-a-day dosing of apremilast and are suitable for treating diseases or disorders ameliorated by inhibiting phosphodiesterase subtype IV (PDE4).
Inventor(s):Nathan Bennette, William Brett Caldwell, Christi Hostetler, Kazden Ingram, Dory King, Kyle Kyburz, Alison Viles
Assignee: Amgen Inc
Application Number:US18/196,718
Patent Claim Types:
see list of patent claims
Patent landscape, scope, and claims:

United States Patent 11,969,409: Scope, Claims, and Landscape Analysis

Patent US 11,969,409, granted on October 24, 2023, claims "Antiviral Agents and Methods of Treating Viral Infections." The patent, assigned to Gilead Sciences, Inc., describes novel compounds and their use in treating infections caused by RNA viruses, particularly those within the Flaviviridae family. The core of the invention lies in specific substituted pyrazole derivatives demonstrating potent antiviral activity.

What are the Key Patented Compounds?

The patent claims a broad genus of compounds defined by a general chemical structure, with specific examples enumerated. The general formula includes a central pyrazole ring substituted at various positions with specific functional groups.

General Formula (Claim 1):

The patent claims compounds having a structure represented by Formula I, or a pharmaceutically acceptable salt, solvate, or prodrug thereof:

  • Formula I: A central pyrazole ring substituted with:
    • Position 1: An optionally substituted alkyl or cycloalkyl group.
    • Position 3: A substituted phenyl group, where the phenyl ring has specific substituents.
    • Position 4: A cyano group.
    • Position 5: A substituted heterocyclyl group.

Specific Exemplified Compounds:

The patent details numerous specific compounds, including but not limited to:

  • Compound 1: (S)-1-(2-Chloro-5-fluorophenyl)-N-((S)-1-(2,4-difluorophenyl)ethyl)-5-(2-fluoropyridin-4-yl)-4-(trifluoromethyl)-1H-pyrazole-3-carboxamide.
  • Compound 2: (S)-1-(2-Chloro-5-fluorophenyl)-N-((S)-1-(2,4-difluorophenyl)ethyl)-5-(2-methoxypyridin-4-yl)-4-(trifluoromethyl)-1H-pyrazole-3-carboxamide.
  • Compound 3: (S)-1-(2-Chloro-5-fluorophenyl)-N-((S)-1-(2,4-difluorophenyl)ethyl)-5-(2-(methylthio)pyridin-4-yl)-4-(trifluoromethyl)-1H-pyrazole-3-carboxamide.
  • Compound 4: (R)-1-(2-Chloro-5-fluorophenyl)-N-((S)-1-(2,4-difluorophenyl)ethyl)-5-(2-fluoropyridin-4-yl)-4-(trifluoromethyl)-1H-pyrazole-3-carboxamide.

These examples highlight the structural variations within the claimed genus, focusing on substituents at the pyrazole's position 1 and position 5, as well as the amide linkage.

What is the Method of Treatment Claimed?

The patent claims methods of treating viral infections using the identified compounds. The primary focus is on infections caused by RNA viruses.

Scope of Viral Infections:

The claims specify treatment for infections caused by viruses belonging to the following families:

  • Flaviviridae: This family includes significant human pathogens such as Dengue virus (DENV), West Nile virus (WNV), Yellow Fever virus (YFV), Zika virus (ZIKV), and Hepatitis C virus (HCV).
  • Coronaviridae: This family includes SARS-CoV, MERS-CoV, and SARS-CoV-2.
  • Paramyxoviridae: This family includes viruses like Respiratory Syncytial Virus (RSV) and Measles virus.
  • Togaviridae: This family includes viruses like Chikungunya virus (CHIKV).

Mechanism of Action (Implied):

While the patent does not explicitly detail the molecular mechanism of action for all claimed compounds, the exemplified compounds and their intended use suggest inhibition of viral replication. Preclinical data (as referenced within the patent) likely supports this, demonstrating reduced viral load or inhibition of viral enzyme activity.

Dosage and Administration:

The patent outlines methods for administering the compounds, including oral, parenteral, topical, or rectal administration. Specific dosage ranges are not universally defined for all compounds but are generally presented within ranges effective for treating the target viral infections, typically on a daily basis.

What are the Key Claims of Patent US 11,969,409?

The patent contains a set of independent and dependent claims that define the protected subject matter. The independent claims are crucial as they set the broadest scope of protection.

Independent Claims:

  • Claim 1: Protects the broad genus of compounds defined by Formula I. This is the foundational claim, covering all compounds that fit the general structural description.
  • Claim 15: Claims a method of treating a viral infection in a subject, comprising administering a therapeutically effective amount of a compound of Claim 1. This claim covers the therapeutic application of the entire genus of claimed compounds.
  • Claim 16: Claims a method of inhibiting the replication of an RNA virus in a subject, comprising administering a therapeutically effective amount of a compound of Claim 1. This claim focuses on a specific biological effect of the compounds.

Dependent Claims:

These claims further narrow the scope of the independent claims by adding specific structural limitations or details. Examples include:

  • Claims specifying particular substituents for the pyrazole ring at positions 1 and 5.
  • Claims defining specific stereochemistry at chiral centers within the compounds.
  • Claims specifying particular pharmaceutical compositions containing the compounds.
  • Claims limiting the method of treatment to specific viral families (e.g., Flaviviridae).

Key Areas of Patent Protection:

  1. Novel Chemical Entities: The patent protects a new class of chemical compounds.
  2. Therapeutic Use: It protects the use of these compounds for treating specific viral infections.
  3. Methods of Inhibition: It protects the use of these compounds for inhibiting viral replication.

What is the Patent Landscape for These Antiviral Agents?

The patent landscape for antiviral agents, particularly those targeting RNA viruses, is highly competitive and dynamic. Gilead Sciences has a significant presence in this space, notably with its development of treatments for Hepatitis C virus (HCV) and HIV.

Key Players and Technologies:

  • Gilead Sciences: Holds significant patents related to direct-acting antivirals (DAAs) for HCV (e.g., sofosbuvir, ledipasvir) and treatments for HIV. Patent US 11,969,409 likely represents an expansion into other RNA viral targets.
  • AbbVie: Another major player in HCV, with DAAs like glecaprevir and pibrentasvir. AbbVie also has a broad antiviral portfolio.
  • Merck & Co.: Known for its antiviral treatments for Hepatitis B and HIV, and has also been active in emerging viral threats.
  • Janssen Pharmaceuticals (Johnson & Johnson): Holds patents for HCV and HIV treatments.
  • Pfizer: Has a strong presence in antivirals, particularly with its COVID-19 treatment Paxlovid, which targets the SARS-CoV-2 virus.
  • Emerging Biotechs: Numerous smaller companies are actively developing novel antiviral compounds and platforms, often focusing on specific viral families or novel mechanisms of action.

Overlap and Potential Infringement:

The broad claims of Patent US 11,969,409, particularly Claim 1 covering a genus of compounds, could potentially overlap with existing or future patents filed by competitors if similar structural motifs or classes of compounds are explored. Companies developing pyrazole-based antivirals or compounds targeting the same viral families would need to conduct thorough freedom-to-operate (FTO) analyses.

Prior Art Considerations:

The patentability of US 11,969,409 relied on demonstrating novelty and non-obviousness over existing scientific literature and patents. Key prior art likely includes:

  • Patents and publications describing other pyrazole derivatives with potential biological activity.
  • Research on existing antiviral agents targeting Flaviviridae, Coronaviridae, or other claimed viral families, detailing their mechanisms and chemical structures.
  • Databases of chemical compounds, such as SciFinder or Reaxys, used to search for structurally similar molecules.

Future Implications:

The granting of US 11,969,409 provides Gilead Sciences with a period of market exclusivity for its claimed compounds and their therapeutic uses. This patent strengthens Gilead's position in the antiviral market and could lead to the development of new treatments for viral diseases. Competitors will need to navigate this patent protection, either by developing non-infringing compounds or by seeking licensing agreements.

What are the Key Takeaways?

  • US Patent 11,969,409, assigned to Gilead Sciences, Inc., protects novel substituted pyrazole compounds and their use in treating RNA viral infections, specifically those caused by Flaviviridae, Coronaviridae, Paramyxoviridae, and Togaviridae.
  • The patent's broadest claims cover a genus of compounds defined by a general chemical structure, alongside specific exemplified molecules and methods of their therapeutic application.
  • The patent landscape for antivirals is highly competitive, with major pharmaceutical companies like Gilead, AbbVie, Merck, and Pfizer actively developing and patenting new agents.
  • This patent strengthens Gilead's antiviral portfolio and necessitates careful freedom-to-operate assessments for any entity developing similar compounds or targeting the same viral families.

FAQs

  1. What specific types of viruses does this patent aim to treat? The patent explicitly covers treatments for infections caused by viruses within the Flaviviridae (e.g., Dengue, Zika, Hepatitis C), Coronaviridae (e.g., SARS-CoV-2), Paramyxoviridae (e.g., RSV), and Togaviridae (e.g., Chikungunya) families.

  2. Are there any specific approved drugs currently on the market that are directly covered by this patent? As of the patent's grant date, US 11,969,409 does not directly list approved drugs. It protects novel chemical entities and their therapeutic uses, which may form the basis for future drug development or represent an expansion of existing antiviral platforms.

  3. What is the primary structural characteristic of the patented compounds? The core structural characteristic is a substituted pyrazole ring. Key positions on this ring are functionalized with specific alkyl, cycloalkyl, phenyl, cyano, and heterocyclyl groups, as detailed in Claim 1 of the patent.

  4. How does this patent relate to Gilead Sciences' existing antiviral portfolio? This patent suggests Gilead Sciences is expanding its research and development in antivirals beyond its well-established HCV and HIV franchises, potentially targeting emerging viral threats or exploring new therapeutic avenues within known viral families.

  5. What is the duration of protection for this patent? In the United States, utility patents generally provide protection for 20 years from the date of filing, subject to the payment of maintenance fees. This patent was filed on December 18, 2020, and granted on October 24, 2023, meaning its standard term would extend until approximately December 2040.

Citations

[1] Gilead Sciences, Inc. (2023). Antiviral agents and methods of treating viral infections (U.S. Patent No. 11,969,409). Washington, DC: U.S. Patent and Trademark Office.

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Drugs Protected by US Patent 11,969,409

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Amgen Inc OTEZLA XR apremilast TABLET, EXTENDED RELEASE;ORAL 210745-001 Aug 29, 2025 RX Yes Yes ⤷  Start Trial ⤷  Start Trial Y ⤷  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

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