Details for Patent: 7,375,111
Summary for Patent: 7,375,111
| Title: | Compositions for affecting weight loss | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Abstract: | Disclosed are compositions for affecting weight loss comprising a first compound and a second compound, where the first compound is an opioid antagonist and the second compound causes increased agonism of a melanocortin 3 receptor (MC3-R) or a melanocortin 4 receptor (MC4-R) compared to normal physiological conditions. Also disclosed are methods of affecting weight loss, increasing energy expenditure, increasing satiety in an individual, or suppressing the appetite of an individual, comprising identifying an individual in need thereof and treating that individual to antagonize opioid receptor activity and to enhance α-MSH activity. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Inventor(s): | Eckard Weber, Michael Alexander Cowley | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Assignee: | Nalpropion Pharmaceuticals LLC | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Application Number: | US10/828,795 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent Litigation and PTAB cases: | See patent lawsuits and PTAB cases for patent 7,375,111 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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Patent Claim Types: see list of patent claims | Composition; Formulation; Dosage form; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Patent landscape, scope, and claims: | US Patent 7,375,111: Scope, Claims, Expiration, and Contrave Patent LandscapeUS Patent 7,375,111 covers a single oral fixed-dose combination containing sustained-release bupropion and sustained-release naltrexone for weight loss. Claims 1-8 protect composition architecture, not a specific commercial brand, manufacturing process, dosing schedule, or method of treatment. The patent is historically important to Contrave, but its primary composition claims are no longer the principal barrier to generic entry because the patent reached the end of its reported US term in 2023.[1][2] What does US Patent 7,375,111 protect?The patent protects a pharmaceutical composition with four required characteristics:
Claim 1 is the broadest independent claim. It does not impose numerical dose limits. Claims 2-4 narrow the composition by specifying naltrexone, bupropion, or both within stated dose ranges. Claims 5-8 repeat the same structure with the additional requirement of a pharmaceutically acceptable excipient, diluent, or carrier. The claims therefore target a product category rather than a particular tablet design. A single tablet containing sustained-release bupropion hydrochloride and sustained-release naltrexone hydrochloride would fall within the literal technical scope if the other limitations were met. Claim structure
How broad are the independent claims?Claims 1 and 5 are broad in formulation terms but narrow in dosage-form architecture. Claim 1 does not require:
Claim 5 adds conventional pharmaceutical ingredients but does not materially narrow the commercial concept. Most finished pharmaceutical tablets contain an excipient, diluent, or carrier. As a result, claim 5 would generally track the same product space as claim 1. The most important narrowing language is “sustained release formulation” for each active ingredient and “single oral fixed combination dosage form.” These limitations distinguish the claims from:
Do Contrave tablets fall within the claimed ranges?Yes. Contrave contains extended-release naltrexone hydrochloride and extended-release bupropion hydrochloride. The labeled strength is 8 mg of naltrexone hydrochloride and 90 mg of bupropion hydrochloride per tablet.[3] That strength falls within the dependent-claim ranges:
The recommended maintenance dose of Contrave is two tablets twice daily, equivalent to 32 mg of naltrexone hydrochloride and 360 mg of bupropion hydrochloride per day.[3] The claims are framed around the composition and dosage form, so the relevant comparison is generally the amount in the claimed unit dosage form, not only the total daily dose. What formulations are covered by US 7,375,111?The claims can potentially reach several formulation configurations if both ingredients are sustained-release and the product is a single oral fixed combination. Potentially covered configurations
The claims do not expressly require the two active ingredients to have identical release kinetics. A formulation could therefore use different polymers, coatings, or release mechanisms for bupropion and naltrexone, provided both are properly characterized as sustained release. Formulations outside the clearest literal scopeThe following products present stronger non-infringement arguments:
The term “single oral dosage form” is central. A prescription requiring separate naltrexone and bupropion tablets would not ordinarily satisfy that limitation, even if both medicines are taken at the same time. What do “sustained release” and “fixed combination” require?“Sustained release” is a functional formulation limitation. It ordinarily refers to a dosage form designed to release active ingredient over an extended period compared with immediate release. The claim does not provide a numerical dissolution threshold in the supplied text. That omission creates both breadth and litigation risk. A patent owner would need to establish that the accused formulation meets the applicable technical meaning of sustained release. An accused manufacturer could dispute whether its release profile, coating, particle system, or dissolution behavior satisfies the limitation. “Fixed combination” generally means that the active ingredients are combined in a single dosage unit with predetermined amounts. The term prevents the claims from reaching ordinary coadministration of two independent products. How do the dependent dose claims affect infringement risk?Claims 2-4 and 6-8 create explicit numerical fallbacks. The phrase “about” gives the ranges some tolerance, but it does not eliminate the importance of the stated endpoints. A product containing 4 mg of naltrexone or 550 mg of bupropion would raise a range and claim-construction issue rather than automatically falling outside the claims. The ranges are commercially broad:
Contrave’s 8 mg/90 mg per-tablet strength sits well inside both ranges. A competing fixed-dose product with materially different strengths could avoid the dependent claims while still implicating claim 1 or claim 5 if it retained the same sustained-release, single-dose architecture. When did US Patent 7,375,111 expire?Public patent records report an adjusted US expiration date of January 31, 2023.[1][2] The patent issued on May 20, 2008, from a family claiming priority to an early-2001 filing.[1]
The expiration of US 7,375,111 does not mean that every patent relevant to a bupropion/naltrexone product expired on the same date. Later-issued continuation, formulation, dosing, or method-of-use patents may have different expiration dates. What was the Orange Book status of the patent?US 7,375,111 was listed in connection with Contrave, the FDA-approved extended-release naltrexone/bupropion product marketed in the United States.[2][3] Orange Book listing is significant because it can support a Paragraph IV patent certification dispute when an ANDA applicant seeks approval before listed patent expiration. The listing did not convert the patent into a general monopoly over:
The listing related to the approved product and the patent claims identified in the FDA listing. Patent scope remained governed by the issued claims and applicable infringement law. Which later patents formed the Contrave patent estate?The commercial patent estate for Contrave extended beyond US 7,375,111. Later family members and related patents addressed additional aspects of the product, including dosing, treatment methods, and formulation characteristics. Publicly identified Contrave-related patents include US 8,628,669, US 8,895,568, US 9,266,951, and US 9,669,089, among others.[2][4] The relevant distinction is:
US 7,375,111 is principally a composition patent. It should not be treated as a complete summary of the later Contrave estate. What Paragraph IV risks applied to generic Contrave applicants?A generic applicant seeking approval before expiration of listed patents could file a Paragraph IV certification alleging that the patents were invalid, unenforceable, or not infringed. The applicant would then notify the NDA holder and patent owner, potentially triggering patent litigation under the Hatch-Waxman framework.[5] For US 7,375,111, the principal Paragraph IV positions would have included:
Once the patent expired in 2023, it could no longer block approval or commercial launch based on ordinary patent-term rights. Later Orange Book-listed patents remained commercially relevant only to the extent that they covered the proposed generic product or its labeled use. How strong is the patent estate for a generic entrant?The expired composition patent had strong historical product coverage because Contrave’s commercial tablet matched the claimed architecture and dose ranges. Its present blocking value is zero after expiration. The broader estate can be analyzed as follows:
Contrave is a small-molecule combination product. Biosimilar pathways do not apply. A competing manufacturer would generally use the ANDA pathway, subject to bioequivalence, labeling, patent certification, and exclusivity requirements. What manufacturing and intellectual-property barriers remain?The expired patent does not remove technical barriers to developing a generic product. A manufacturer still must reproduce a stable, bioequivalent fixed-dose extended-release product. Important technical challenges include:
A noninfringing product may use different excipients, release polymers, tablet architecture, or manufacturing steps. Those changes can reduce patent risk but may create bioequivalence and regulatory-development risk. What licensing deals affected the commercial patent position?Orexigen Therapeutics developed and commercialized Contrave before the product and related rights were transferred or acquired by Currax Pharmaceuticals. Currax acquired the Contrave business and associated rights from Orexigen in 2018.[6] This transaction matters because patent ownership, Orange Book rights, litigation authority, and settlement rights can move with the NDA and related intellectual property. The commercial owner of the product is not necessarily the original inventor or original patent applicant. What is the competitive landscape for bupropion/naltrexone weight loss?Contrave competes with branded and generic therapies in the obesity market, including:
The fixed-dose combination’s commercial differentiation is oral administration and a dual-mechanism approach. Its competitive limitations include lower market visibility than newer incretin therapies and the absence of biologic-style exclusivity protection. Key Takeaways
FAQsDoes US 7,375,111 cover Contrave?Yes. Contrave’s single oral tablet contains sustained-release naltrexone hydrochloride and sustained-release bupropion hydrochloride in amounts within the patent’s stated dependent-claim ranges. Does the patent cover taking Wellbutrin and naltrexone together?Not necessarily. Separate bupropion and naltrexone products generally do not satisfy the “single oral fixed combination dosage form” limitation. Is US 7,375,111 still enforceable?Public patent records report that the patent expired on January 31, 2023. It therefore does not provide current term-based exclusion after that date.[1][2] Does this patent cover generic bupropion or generic naltrexone individually?No. The claims require both active ingredients in the same fixed oral dosage form. Are biosimilars relevant to Contrave?No. Contrave is a small-molecule combination product. Competition would generally involve generic drug approval under the ANDA pathway, not biosimilar approval under the Biologics Price Competition and Innovation Act. References
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Drugs Protected by US Patent 7,375,111
| 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 7,375,111
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| European Patent Office | 2316456 | ⤷ Start Trial | CA 2017 00062 | Denmark | ⤷ Start Trial |
| European Patent Office | 2316456 | ⤷ Start Trial | 300918 | Netherlands | ⤷ Start Trial |
| European Patent Office | 2316456 | ⤷ Start Trial | 122017000109 | Germany | ⤷ Start Trial |
| European Patent Office | 2316456 | ⤷ Start Trial | LUC00054 | Luxembourg | ⤷ Start Trial |
| European Patent Office | 2316456 | ⤷ Start Trial | 2017C/064 | Belgium | ⤷ Start Trial |
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
