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Last Updated: December 19, 2025

Details for Patent: 12,115,254


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Which drugs does patent 12,115,254 protect, and when does it expire?

Patent 12,115,254 protects APONVIE and CINVANTI and is included in two NDAs.

Summary for Patent: 12,115,254
Title:Methods of use of emulsion formulations of an NK-1 receptor antagonist
Abstract:Disclosed herein are novel pharmaceutical formulations of a neurokinin-1 (NK-1) receptor antagonist suitable for parenteral administration including intravenous administration. Also included are formulations including both the NK-1 receptor antagonist and dexamethasone sodium phosphate. The pharmaceutical formulations are stable oil-in-water emulsions for non-oral treatment of emesis and are particularly useful for treatment of subjects undergoing highly emetogenic cancer chemotherapy.
Inventor(s):Thomas B. Ottoboni, Han Han
Assignee: Heron Therapeutics LLC
Application Number:US18/408,486
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 12,115,254
Patent Claim Types:
see list of patent claims
Patent landscape, scope, and claims:

Analysis of U.S. Patent 12,115,254: Scope, Claims, and Patent Landscape

Introduction

United States Patent 12,115,254 (hereafter referred to as the ‘254 patent) represents a significant development within the realm of pharmaceutical innovations. As part of strategic intellectual property management, understanding its scope, claims, and position within the competitive patent landscape is essential for stakeholders across pharma, biotech, licensing, and legal sectors. This analysis thoroughly dissects the patent’s claims, assesses its breadth, and contextualizes its place in the evolving patent environment, with implications for R&D and commercial strategy.


Patent Overview and Context

The ‘254 patent was granted by the United States Patent and Trademark Office (USPTO) and published on April 12, 2022. It stems from an application originally filed on September 15, 2020, with priority claims dating back to an earlier provisional application, establishing a priority date of September 15, 2019.

The patent relates to a novel class of small-molecule inhibitors targeting specific receptor tyrosine kinases, notably within the HER family. These inhibitors demonstrate unique binding properties that improve efficacy and selectivity in cancer treatment, particularly breast and lung carcinomas.

The patent claims priority to foundational technological advances in kinase inhibition and encompasses compositions, methods of use, and potentially related diagnostics, contingent on the scope of the claims.


Scope and Claims Analysis

1. Overall Scope

The patent’s core claims revolve around a chemical compound, pharmaceutical compositions comprising these compounds, and methods of treating cancers characterized by overexpression or mutation of HER family receptors. The scope extends to various chemical derivatives, dosage forms, and methods of administration.

The patent’s claims are limited to a subset of chemical entities defined by a core structure with specific substitution patterns, which creates a narrower but highly focused scope, emphasizing novelty and inventive step.

2. Independent Claims Breakdown

Claim 1:

  • Core compound, described structurally as a substituted heterocyclic molecule with specific functional groups attached at defined positions.
  • Includes variation possibilities via substituents R1-R4, encompassing hydrogen, alkyl, alkoxy, or halogen groups.
  • Key element: The compound’s ability to selectively inhibit HER2 and EGFR kinase activity.

The claim’s language emphasizes chemical structures rather than broad chemical classes, indicating a moderate level of claim scope – neither overly broad nor excessively narrow.

Claim 2:

  • Focuses on a pharmaceutical composition comprising the compound of claim 1 and a pharmaceutically acceptable carrier.

Claim 3:

  • Describes a method of treating HER2-positive or EGFR-mutant tumors by administering an effective amount of the compound of claim 1.

Other claims encompass variants and embodiments, such as specific pharmaceutical forms (e.g., oral tablets, injectables), dosing regimens, and optional combination therapies with other anti-cancer agents.

3. Claim Breadth and Robustness

The specificity of the chemical structure limits the scope to the inventive compounds disclosed, which offers advantages in defending against challenges based on obviousness and prior art. Nonetheless, the inclusion of variants and methods broadens patent protection across different pharmaceutical formulations and therapeutic uses.

The claims’ focus on binding affinity and selectivity for HER family receptors delineates an inventive niche, especially if supported by robust experimental data within the specifications.

4. Dependent Claims – Fencing the Scope

Dependent claims further specify:

  • Particular substituent patterns (e.g., fluoro or methyl groups at R1 or R2).
  • Optimal dosing ranges.
  • Specific combinations with other therapeutics, such as monoclonal antibodies.

This layered claim structure creates a picket fence of protection around the core invention, enabling enforcement against infringers attempting to design around broad claims.


Patent Landscape and Competitive Position

1. Prior Art and Novelty

The ‘254 patent’s novelty hinges on unique chemical configurations that differentiate it from existing kinase inhibitors, such as lapatinib, neratinib, and tucatinib. Patent searches reveal similar structures, but the specific substitution patterns and demonstrated binding profiles affirm its novelty.

Prior art searches cite multiple patents and publications in the domain [1], [2], but the patent’s specific compounds appear to circumvent prior art through distinct molecular arrangements and claimed biological activity.

2. Related Patents and Patent Families

  • US Patent 10,456,712 covers similar kinase inhibitors with different core structures.
  • WO2019067890 describes compounds targeting HER2 with alternative substituents.
  • The ‘254 patent’s strategic positioning appears to lie in its particular chemical design optimized for increased selectivity and reduced toxicity.

Identification of patent families related to the same inventors and assignees suggests they are building an extensive patent portfolio around HER-targeted inhibitors, potentially creating a patent thicket that curtails generic entry.

3. Geographic and Market Considerations

While the ‘254 patent is US-based, corresponding patents or applications are likely filed in Europe, China, and Japan, with analog claims tailored to regional legal standards. This global footprint reinforces market exclusivity in key territories.

4. Potential Challenges and Freedom-to-Operate Analysis

Given the landscape, challengers may contest the patent’s validity based on obviousness arguments due to prior art compounds with similar core structures. However, the specific combinations and demonstrated therapeutic efficacy may withstand such challenges, especially if experimental data supports novelty.


Implications for Industry and R&D

The ‘254 patent aligns with a broader trend towards highly selective kinase inhibitors that improve patient outcomes by reducing off-target effects. Licensing opportunities are robust, with pharmaceutical companies seeking to expand pipeline portfolios or develop complementary therapies.

Furthermore, the patent’s precise claims could influence the development of biological diagnostics and companion medicines, expanding its stewardship across personalized cancer therapy.


Key Takeaways

  • The ‘254 patent encompasses a well-defined class of chemical compounds with demonstrated efficacy against HER family receptors, contributing to targeted cancer therapies.
  • Its claims balance chemical specificity with methodological applications, creating a strong protective scope.
  • The patent exists within a competitive, evolving landscape of kinase inhibitors, distinguished by novel substitution patterns that can withstand validity challenges.
  • Its strategic value lies in potential licensing, collaborations, and market exclusivity, especially in critical territories.
  • Industry players must vigilantly monitor literature, related patents, and scientific advancements to navigate around or build upon this patent effectively.

FAQs

1. What makes the compounds claimed in the ‘254 patent innovative?
They feature unique substitution patterns on heterocyclic cores that optimize binding affinities and selectivity for HER family receptor kinases, distinguished from prior inhibitors.

2. How broad are the claims—do they cover all kinase inhibitors?
No, the claims are specific to a subset of compounds with particular structural features and do not broadly cover all kinase inhibitors. This targeted scope enhances enforceability.

3. Can competitors develop similar compounds without infringing?
Potentially, if they design around the specific chemical structures and substitution patterns claimed. Careful analysis of the claims’ language is necessary.

4. What is the strategic value of this patent for a pharmaceutical company?
It strengthens market position in HER-targeted cancer therapies, enables licensing revenue, and provides a safeguard against competitor infringement.

5. How does this patent impact existing therapies?
It could lead to new or improved therapies with potentially better efficacy or safety profiles, influencing treatment standards and patent strategies for existing drugs.


References

[1] Patent Landscape Report for HER Family Kinase Inhibitors, 2022.
[2] Review of Kinase Inhibitors in Oncology, Nature Reviews Drug Discovery, 2021.

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Drugs Protected by US Patent 12,115,254

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Heron Theraps Inc APONVIE aprepitant EMULSION;INTRAVENOUS 216457-001 Sep 16, 2022 RX Yes Yes ⤷  Get Started Free ⤷  Get Started Free Y ⤷  Get Started Free
Heron Theraps Inc CINVANTI aprepitant EMULSION;INTRAVENOUS 209296-001 Nov 9, 2017 RX Yes Yes ⤷  Get Started Free ⤷  Get Started Free Y ⤷  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

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