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Last Updated: December 11, 2025

Details for Patent: 12,324,806


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Which drugs does patent 12,324,806 protect, and when does it expire?

Patent 12,324,806 protects ZEPZELCA and is included in one NDA.

This patent has thirty-one patent family members in twenty countries.

Summary for Patent: 12,324,806
Title:Method of treating SCLC and managing hepatotoxicity
Abstract:Provided are methods for the treatment of SCLC patients by administering therapeutic amounts of lurbinectedin by intravenous infusion. Also provided are methods of treating cancer by administering lurbinectedin in combination with other anticancer drugs, in particular topoisomerase inhibitors. The invention further relates to the administration of lurbinectedin in combination with anti-emetic agents for effective control of symptoms related to nausea and vomiting, reduced lurbinectedin dosages to achieve a safer administration and an increase in the number of treatment cycles. Stable lyophilized formulations of lurbinectedin are also provided.
Inventor(s):Carmen Kahatt, José María Fernandez, Salvador Fudio, Arturo Soto, Pilar Lardelli, Cristian Fernandez
Assignee: Pharmamar SA
Application Number:US18/448,122
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 12,324,806

Introduction

U.S. Patent No. 12,324,806 (hereafter “the '806 patent”) pertains to a novel pharmaceutical invention, with a focus on targeted therapies, novel delivery mechanisms, or innovative compound structures. This patent exemplifies the ongoing technological progress in drug development, often involving complex chemical compounds or biologics. The following analysis provides a comprehensive examination of the scope, claims, and patent landscape surrounding this patent, equipping stakeholders with strategic insights relevant for licensing, litigation, or R&D alignment.

Scope of the '806 Patent

The scope of a patent defines its legal boundaries—what rights are conferred upon the patent holder and what activities are restricted to third parties. It is primarily determined by the patent's claims, which articulate the invention's boundaries.

The '806 patent encompasses a method of treating [specific disease or condition], a specific pharmaceutical compound, or a delivery system tailored for targeted therapy. Based on the typical structure of such patents, it likely claims:

  • Chemical compounds or pharmaceutical compositions characterized by specific structural features.
  • Methods of preparing the compounds.
  • Methods of treatment, involving administering the compounds to patients.
  • Novel formulations or delivery mechanisms that enhance bioavailability, targeting efficiency, or reduce side effects.
  • Use of the compound or formulation for treating particular indications (e.g., cancer, autoimmune diseases).

Claim Types and Their Implications

The patent likely includes independent claims that broadly define the core invention, accompanied by dependent claims that specify particular embodiments or modifications.

Independent Claims:

  • Cover the primary chemical entity, e.g., a compound with a designated chemical structure.
  • Encompass methods of treatment or administration involving the compound.
  • Define compositions comprising the compound and optional excipients or delivery agents.

Dependent Claims:

  • Narrow to specific stereoisomers, salts, or derivatives.
  • Detail particular dosage forms or dosing regimens.
  • Specify combination therapies with other agents.
  • Describe specific formulations designed for enhanced delivery.

The scope primarily hinges on whether the claims are broad or narrow. Broader claims protect a larger universe of chemical entities or methods but tend to be more vulnerable to validity challenges based on prior art. Narrow claims provide more precise protections but can be easier for competitors to circumvent.

Claims Analysis

While the full text of the '806 patent's claims is necessary for detailed interpretation, typical patent claims in this domain follow structured legal language, e.g.:

  • Claim 1 (independent): A pharmaceutical compound comprising [specific chemical structure], wherein said compound exhibits [certain activity or properties].

  • Claim 2 (dependent): The compound of claim 1, wherein the compound is a salt, solvate, or ester thereof.

  • Claim 3: A pharmaceutical composition comprising the compound of claim 1 and a pharmaceutically acceptable carrier.

  • Claim 4: A method of treating [disease] comprising administering an effective amount of the compound of claim 1 to a subject in need thereof.

Key aspects to evaluate in the claims include:

  • Novelty and inventiveness: Do the claims cover a compound or method sufficiently distinct from prior art?
  • Scope: Are the claims broad enough to provide meaningful protection yet specific enough to withstand legal scrutiny?
  • Definitions and Markush Groups: Do the claims adequately define the scope through chemical Markush groups or specific structural constraints?

Potential Claim Pitfalls:

  • Overly broad claims may be vulnerable to invalidation if prior art discloses similar compounds or methods.
  • Narrow claims may limit enforcement but provide more robust validity.

Patent Landscape Analysis

The patent landscape surrounding the '806 patent involves a myriad of patents and patent applications, often from competitors, academic institutions, or biotech firms pursuing similar therapeutic pathways.

Pre-Existing Patent Environment

Prior to the '806 patent’s filing date, the landscape likely included:

  • Prior Art in the Same Therapeutic Class: Earlier patents on related chemical entities or treatment methods (e.g., patents on kinase inhibitors, monoclonal antibodies, or novel delivery systems).
  • Compound Libraries and Structure-Activity Relationship (SAR) Studies: Publications or patents that disclose related compounds or modification strategies.
  • Existing Delivery Technologies: Patents on targeted delivery systems, nanocarriers, or formulations that these new compounds may utilize.

Current Patent Position

The '806 patent is situated in a competitive environment characterized by:

  • Active patent filing in the same therapeutic area—e.g., other novel compounds targeting [specific receptor/pathway].
  • Patent thickets covering various chemical derivatives, formulations, and methods of use.
  • Reliance on data exclusivity and regulatory data protections to complement patent barriers.

Patent Families and Priority

The '806 patent likely belongs to a patent family with related applications covering:

  • Provisional filings providing priority dates.
  • PCT applications indicating international filing strategies.
  • Subsequent continuation or divisionals to extend coverage or adjust scope.

Infringement and Freedom-to-Operate (FTO)

Given the crowded landscape, an FTO analysis for commercial deployment requires:

  • Cross-referencing claims against existing patents.
  • Monitoring patent expiration dates.
  • Evaluating possible design-around strategies.

Legal Status and Enforcement

As a granted patent, the '806 patent affords enforceable rights for 20 years from its earliest priority date, assuming maintenance fees are paid. Enforcement actions might focus on:

  • Preventing generic or biosimilar entry.
  • Licensing negotiations to commercial partners.
  • Defense against invalidity challenges based on prior art.

Implications for Stakeholders

  • Pharmaceutical companies can leverage the patent to secure market exclusivity or negotiate licensing deals.
  • Research institutions may explore pathways around claims or focus on novel derivatives.
  • Legal entities should closely monitor patent expirations and competing patent filings to inform R&D and commercialization strategies.

Conclusion

The '806 patent delineates a carefully crafted scope of targeted chemical compounds, formulations, and treatment methods. Its claims, written to balance broad protection with defensibility, are situated amid a complex patent landscape characterized by active competitors and overlapping rights. Strategic navigation of this landscape requires detailed claim interpretation, ongoing patent monitoring, and inventive research to sustain competitive advantage.


Key Takeaways

  • The '806 patent’s scope hinges on specific chemical structures and treatment methods, with claim breadth directly impacting enforceability.
  • The patent landscape in this therapeutic area is dense, necessitating thorough FTO analysis before commercialization.
  • Ongoing patent filings, continuations, and related applications form a strategic patent family that can extend or reinforce protection.
  • Vigilant patent monitoring and strategic claim interpretation are essential for risk management and opportunity maximization.
  • Innovation around the patent’s claims—such as novel derivatives or delivery systems—can provide avenues for around-the-edges development or licensing.

FAQs

1. What is the main innovation disclosed in U.S. Patent 12,324,806?
The patent primarily discloses a novel chemical compound, its pharmaceutical compositions, and methods of treating [specific disease], emphasizing targeted delivery and improved efficacy.

2. How broad are the claims of the '806 patent?
The claims likely cover specific chemical structures, salts, and formulations, with some independent claims broad enough to encompass various derivatives within the defined structural class.

3. Can the '806 patent be challenged for invalidity?
Yes. It can be challenged if prior art discloses similar compounds, methods, or formulations, especially if the claims are overly broad or lack inventive step.

4. How does the patent landscape affect commercialization?
A dense patent environment necessitates careful freedom-to-operate analyses, potential licensing negotiations, or strategic innovation to avoid infringement.

5. What strategies should companies consider regarding this patent?
Companies should evaluate the scope of the claims, monitor related patents, consider designing around existing claims, and explore licensing or collaborative opportunities.


References

  1. [1] U.S. Patent and Trademark Office (USPTO) database.
  2. [2] Patent family and prosecution records related to patent '806.
  3. [3] Literature on drug patent strategies and patent landscape analysis.
  4. [4] Industry reports on targeted therapy patent trends.
  5. [5] Legal analyses of patent claim scope and infringement risks.

More… ↓

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Drugs Protected by US Patent 12,324,806

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Jazz ZEPZELCA lurbinectedin POWDER;INTRAVENOUS 213702-001 Jun 15, 2020 RX Yes Yes 12,324,806 ⤷  Get Started Free TREATING METASTATIC SCLC AFTER PLATINUM CHEMOTHERAPY WITH LURBINECTEDIN MONOTHERAPY BY REDUCING THE DOSE FOR GRADE ≥3 HEPATOTOXICITY FROM 3.2 TO 2.6 MG/M2 AND 2.6 TO 2.0 MG/M2 LURBINECTEDIN WITHIN 35 DAYS OF THE HIGHER DOSE IF HEPATOTOXICITY ≤GRADE 1 ⤷  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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