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Details for Patent: 7,176,211
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Summary for Patent: 7,176,211
| Title: | Gonadotropin-releasing hormone receptor antagonists and methods relating thereto | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Abstract: | GnRH receptor antagonists are disclosed that have utility in the treatment of a variety of sex-hormone related conditions in both men and women. The compounds of this invention have the structure: wherein R1a, R1b, R1c, R2a, R2b, R3, R4, R5, R6 and X are as defined herein, including stereoisomers, prodrugs and pharmaceutically acceptable salts thereof. Also disclosed are compositions containing a compound of this invention in combination with a pharmaceutically acceptable carrier, as well as methods relating to the use thereof for antagonizing gonadotropin-releasing hormone in a subject in need thereof. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Inventor(s): | Zhiqiang Guo, Yongsheng Chen, Dongpei Wu, Chen Chen, Warren Wade, Wesley J. Dwight, Charles Q. Huang, Fabio C. Tucci | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Assignee: | Neurocrine Biosciences Inc | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Application Number: | US11/251,085 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent Litigation and PTAB cases: | See patent lawsuits and PTAB cases for patent 7,176,211 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Patent Claim Types: see list of patent claims | Use; | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent landscape, scope, and claims: | US Patent 7,176,211: Claim Scope, Relugolix Coverage and Patent LandscapeUS Patent 7,176,211 is an expired Takeda patent directed to methods of treating hormone-dependent diseases with pyrimidine-2,4-dione compounds that act as gonadotropin-releasing hormone, or GnRH, antagonists. The claims cover a broad chemical genus and specifically enumerate compounds that include relugolix. The patent’s nominal US term ended on May 31, 2022, subject to any applicable patent-term adjustment. It no longer provides an operative US exclusivity barrier for relugolix or other compounds within the claimed scope. The patent remains commercially important because it is an originating compound patent for the relugolix program, but current US market protection for Orgovyx depends on later patents, FDA regulatory exclusivity, and any pending ANDA litigation rather than US 7,176,211. What drug and therapeutic class does US 7,176,211 cover?US 7,176,211 covers nonpeptide GnRH antagonists. GnRH antagonists suppress pituitary secretion of luteinizing hormone and follicle-stimulating hormone, reducing downstream sex-hormone production. The claimed indications are:
The patent is associated with the relugolix chemical program. Relugolix is marketed in the United States as Orgovyx for the treatment of adults with advanced prostate cancer. The FDA approved Orgovyx on December 18, 2020. The product is administered orally and is a small-molecule GnRH receptor antagonist, not a biologic.[1] The claims also cover numerous relugolix analogs. The patent therefore has two distinct commercial dimensions:
What is the scope of independent claim 1?Claim 1 is a method-of-treatment claim. It requires all of the following elements:
The claim is not limited to relugolix. It covers a large Markush genus defined by variable substituents R1a through R6 and X. Chemical limitations in claim 1
The claim reaches compounds with:
The use of “acid isostere” materially expands the claim beyond compounds containing a literal carboxylic acid. Depending on the specification’s disclosure and the prosecution history, that language may include tetrazoles and other acidic bioisosteres. The named relugolix compound contains a tetrazole-containing side chain and a methylsulfonyl-substituted benzyl group. How do claims 2 through 10 narrow claim 1?Claims 2 through 10 progressively narrow the genus and treatment indications.
Claims 7 through 10 are not independent composition claims. They remain method claims and inherit every limitation of claim 1, together with the limitations of the claims from which they depend. This structure creates a hierarchy of protection:
What compounds are specifically listed in claims 11 and 16?Claims 11 and 16 identify specific chemical entities rather than relying solely on the Markush definitions. Claim 11 lists four compounds. They share several structural characteristics:
The fourth compound in claim 11 is the relugolix compound:
Claims 12 through 15 limit the claim 11 compounds to endometriosis, benign prostatic hypertrophy, prostate cancer and breast cancer, respectively. Claim 16 lists six additional compounds. These include analogs with:
Claims 17 through 20 apply the four disease indications to the compounds of claim 16. Is US 7,176,211 a composition patent or a method-of-use patent?US 7,176,211 is principally a method-of-treatment patent. The asserted claims require administration to treat a specified condition. They do not independently claim:
The claims include pharmaceutically acceptable salts and stereoisomers, but that inclusion occurs within a treatment method. It does not convert the patent into a standalone composition claim. This distinction matters in generic litigation. A generic manufacturer may avoid direct infringement of a method claim if its labeling omits or carves out the patented indication, provided the remaining label and marketing conduct do not induce infringement. That strategy is less effective when the patented indication is the principal FDA-approved use or when the label encourages the claimed use. What is the expiration date of US 7,176,211?The patent’s ordinary US patent term ran from the relevant international filing date and reached its nominal end on May 31, 2022. The patent was issued on February 13, 2007, as US Patent 7,176,211 B2.[2]
The patent is therefore not a current blocking patent in the United States. Any patent-term adjustment would need to be confirmed from the USPTO patent record. No patent-term extension under 35 U.S.C. § 156 should be assumed for this patent merely because relugolix received FDA approval.[3] What is the Orange Book status of US 7,176,211?The relevant FDA-listed product is Orgovyx, containing relugolix. FDA Orange Book treatment of a patent depends on the patent’s listed claims and the sponsor’s certification of the patent’s relevance to the approved drug.[4] US 7,176,211 does not provide current Orange Book exclusivity because its patent term has ended. If it was previously listed for relugolix, the listing cannot preserve market exclusivity after expiration. The practical distinction is:
Relugolix is a small molecule. Generic applicants use the ANDA pathway, not the biosimilar pathway under the Public Health Service Act. When did Orgovyx lose or gain regulatory exclusivity?FDA approved Orgovyx on December 18, 2020. As a new chemical entity, relugolix was eligible for five years of FDA data exclusivity, subject to the statutory treatment of the product and any applicable exceptions. The five-year period would ordinarily run through December 18, 2025.[1][5] Regulatory exclusivity and patent exclusivity operate independently:
An ANDA applicant could therefore face a regulatory filing restriction even after the core compound patent expired. What formulation patents and later patents may protect Orgovyx?The supplied claims do not protect Orgovyx’s tablet formulation. Commercial protection for Orgovyx may instead depend on later patents directed to:
A complete freedom-to-operate review must separate the following patent categories:
The original patent does not, by itself, establish protection for all later Orgovyx patents. Which companies are challenging Orgovyx patents?Generic competition for relugolix is expected to proceed through ANDA filings and Paragraph IV certifications against unexpired Orange Book patents. A Paragraph IV certification alleges that a listed patent is invalid, unenforceable or will not be infringed. The expired status of US 7,176,211 makes it an unlikely target for a commercially meaningful current Paragraph IV dispute. Any active litigation would more likely involve later patents covering formulation, dosage, use or other product-specific subject matter. The critical litigation questions are:
These facts must be analyzed from the FDA Orange Book, ANDA litigation dockets and settlement filings. They cannot be inferred from US 7,176,211 alone. How strong is the patent estate for relugolix?The strength of US 7,176,211 was high during the compound patent term because claim 1 covered a broad genus and claim 11 specifically identified relugolix. Its current blocking strength is zero because the patent has expired. The patent had several potential vulnerability points: Written-description and enablement riskClaim 1 covers a large number of substituent combinations, stereoisomers and acid isosteres. A challenger could argue that the specification did not adequately describe or enable the full genus, particularly if the patent disclosed a limited number of examples relative to the breadth of claim 1. Indefiniteness riskThe phrase “acid isostere” can be litigated if the specification and prosecution history do not provide a sufficiently definite boundary. The issue would be less significant for claim 11, where the listed chemical structures are more specific. Method-of-treatment limitationsThe claims require treatment of a specific disease in a subject in need thereof. An accused product does not necessarily infringe merely because it contains a covered compound. Use, labeling, prescribing and marketing evidence matter. Species and genus coverageClaims 11 and 16 provide species-level protection. Species claims are generally easier to analyze for infringement than broad genus claims, but they remain method claims and require proof of the claimed therapeutic use. What generic launch scenarios exist for relugolix?Scenario 1: Immediate launch after regulatory clearanceA generic applicant launches after FDA approval if no enforceable patent or settlement restriction remains. This is the most favorable scenario for generic entry. Scenario 2: Paragraph IV litigationThe applicant challenges later unexpired patents. FDA approval may be delayed by litigation or a statutory stay. The result depends on patent validity, infringement and settlement terms. Scenario 3: Section viii carve-outThe generic applicant removes a patented indication from its label. This strategy is more viable when the product has multiple approved uses and the unpatented use is commercially meaningful. Scenario 4: At-risk launchA generic launches before final resolution of litigation. The applicant assumes potential damages and injunction risk. This scenario is less likely where the remaining patents cover the core commercial indication or a necessary formulation. Scenario 5: Authorized generic or licenseThe originator or licensee may grant rights, launch an authorized generic or settle with a defined entry date. A settlement can materially change market timing without invalidating the patents. How does the patent landscape compare with other GnRH antagonists?
Relugolix has a differentiated commercial position because it is orally administered and does not require an initial injectable loading dose. That advantage increases the importance of tablet formulation, dosing and combination-product patents after expiration of the original compound patent. What licensing deals affect relugolix rights?Takeda originated the relugolix program. Myovant Sciences obtained rights to develop and commercialize relugolix outside territories retained by Takeda. Myovant later entered into a commercial collaboration with Pfizer for Orgovyx in the United States and Canada. Sumitomo Pharma subsequently acquired Myovant, consolidating control of Myovant’s relugolix-related assets and commercial rights.[6] The licensing structure is relevant to patent enforcement because the party selling the product may differ from:
Ownership, assignment and standing should be checked separately for each asserted patent. Does US 7,176,211 create current biosimilar risk?No. Relugolix is a chemically synthesized small molecule, so biosimilar standards do not apply. The relevant competitive threat is an ANDA generic. The principal current risks are:
Key Takeaways
FAQs About US Patent 7,176,211 and RelugolixDoes US 7,176,211 claim Orgovyx directly?Yes. Claim 11 specifically identifies the relugolix chemical entity, although the claim remains a method-of-treatment claim rather than a standalone composition claim. Can a generic manufacturer infringe an expired US 7,176,211 patent?No enforceable infringement liability ordinarily remains after patent expiration. Conduct that occurred before expiration may raise separate issues, but post-expiration manufacture and sale are not blocked by this patent. Does the patent cover endometriosis treatment with relugolix?Yes. Claims 12 and 17 expressly apply the specifically listed compounds to endometriosis treatment. Is a tetrazole an acid isostere under claim 1?The claim language is broad enough to contemplate acid isosteres, and the specifically named relugolix compound contains a tetrazole group. The precise scope depends on the patent specification and prosecution history. Will expiration of US 7,176,211 automatically permit generic Orgovyx substitution?No. Generic substitution also depends on FDA approval, regulatory exclusivity, active Orange Book patents, Paragraph IV litigation, label restrictions and any settlement or license governing entry. References
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Drugs Protected by US Patent 7,176,211
| Applicant | Tradename | Generic Name | Dosage | NDA | Approval Date | TE | Type | RLD | RS | Patent No. | Patent Expiration | Product | Substance | Delist Req. | Patented / Exclusive Use | Submissiondate |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| >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 7,176,211
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| Austria | 407679 | ⤷ Start Trial | |||
| Australia | 2004257639 | ⤷ Start Trial | |||
| Brazil | PI0412314 | ⤷ Start Trial | |||
| Canada | 2531508 | ⤷ Start Trial | |||
| China | 100424078 | ⤷ Start Trial | |||
| China | 1819829 | ⤷ Start Trial | |||
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
