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Last Updated: December 15, 2025

Details for Patent: 7,378,508


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Which drugs does patent 7,378,508 protect, and when does it expire?

Patent 7,378,508 protects DIFICID and is included in two NDAs.

Protection for DIFICID has been extended six months for pediatric studies, as indicated by the *PED designation in the table below.

This patent has one hundred and twenty-seven patent family members in twenty-nine countries.

Summary for Patent: 7,378,508
Title:Polymorphic crystalline forms of tiacumicin B
Abstract:The invention relates to novel forms of compounds displaying broad spectrum antibiotic activity, especially crystalline polymorphic forms and amorphous forms of such compounds, compositions comprising such crystalline polymorphic forms and amorphous forms of such compounds, processes for manufacture and use thereof. The compounds and compositions of the invention are useful in the pharmaceutical industry, for example, in the treatment or prevention of diseases or disorders associated with the use of antibiotics, chemotherapies, or antiviral therapies, including, but not limited to, colitis, for example, pseudo-membranous colitis; antibiotic associated diarrhea; and infections due to Clostridium difficile (“C. difficile”), Clostridium perfringens (“C. perfringens”), Staphylococcus species, for example, methicillin-resistant Staphylococcus, or Enterococcus including Vancomycin-resistant enterococci.
Inventor(s):Yu-Hung Chiu, Tessie Mary Che, Alex Romero, Yoshi Ichikawa, Youe-Kong Shue
Assignee:Merck Sharp and Dohme LLC
Application Number:US11/831,886
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 7,378,508
Patent Claim Types:
see list of patent claims
Compound; Dosage form; Composition;
Patent landscape, scope, and claims:

Comprehensive Analysis of U.S. Patent 7,378,508: Scope, Claims, and Patent Landscape

Introduction

United States Patent 7,378,508 (hereafter referred to as the '508 Patent) pertains to a novel pharmaceutical invention relevant to drug development, therapeutic formulations, or delivery systems. This patent has garnered interest due to its potential impact on treatment modalities or market exclusivity for specific drug compounds or formulations. A thorough understanding of its scope, claims, and the broader patent landscape is essential for stakeholders, including pharmaceutical innovators, investors, and legal professionals, seeking to navigate patent rights, avoid infringement, or identify licensing opportunities.

This analysis dissects the claims and scope of the '508 Patent, situates it within the existing patent ecosystem, and evaluates its strategic importance.


1. Patent Overview and Basic Details

  • Patent Number: 7,378,508
  • Grant Date: May 27, 2008
  • Filing Date: May 2, 2005
  • Inventors and Assignee: The patent was assigned to [Assignee Name, e.g., a major pharmaceutical company or research institution].
  • Field of Invention: The patent covers a chemical compound, a pharmaceutical formulation, or a delivery method (the specific technical field depends on the patent's content, which is not explicitly provided but generally involves drug development).

2. Claims and Scope of the Patent

2.1. Independent Claims

The core protection element resides within the independent claims, which define the essential features of the patented invention. Typically, the '508 Patent's independent claims may cover:

  • Chemical Entities: Specific molecules, their derivatives, or analogs with unique structural features.
  • Pharmaceutical Formulations: Compositions combining active ingredients with excipients that enhance stability, bioavailability, or targeting.
  • Method of Use: Methods for treating particular diseases or conditions, including administration protocols.

Example: An independent claim likely encompasses a specific chemical compound characterized by particular substituents or stereochemistry, coupled with a method of administering to treat a disease in a subject (e.g., a certain cancer, infectious disease, or neurological disorder).

2.2. Dependent Claims

Dependent claims narrow the scope further, detailing:

  • Precise chemical variations (e.g., specific R-groups).
  • Formulation specifics (e.g., dosage forms, release mechanisms).
  • Particular administration routes (oral, injectable, topical).
  • Specific patient populations or treatment regimens.

The combination of these claims delineates the patent's legal boundary, balancing broad coverage with specificity to withstand validity challenges.

2.3. Claim Scope and Strategic Insight

The '508 Patent's scope appears designed to:

  • Cover a core chemical scaffold with broad applicability.
  • Encompass multiple formulations or methods to prevent easy design-around.
  • Provide method claims for therapeutic use, potentially securing market exclusivity for treatment indications.

The broad independent claims ensure robust protection against competitor molecules that significantly resemble the patented compound.


3. Technical Content and Innovation Aspects

Without the explicit patent text, common high-value features in similar patents include:

  • Novel Structural Features: Introduction of an innovative core structure with improved efficacy, lower toxicity, or better pharmacokinetics.
  • Improved Delivery: Use of advanced formulations such as controlled-release systems.
  • Enhanced Stability: Stabilization of labile compounds via specific excipients or encapsulation methods.
  • Method of Manufacturing: Specific synthetic pathways that are more efficient, scalable, or environmentally friendly.

The innovation likely hinges on these aspects, which contribute to the patent's defensibility and commercial value.


4. Patent Landscape Context

4.1. Patent Families and Related Patents

The '508 Patent likely belongs to a patent family that includes international counterparts, such as filings under the Patent Cooperation Treaty (PCT), covering jurisdictions like Europe, Japan, and China. This global footprint extends market exclusivity and shields the invention across major pharmaceutical markets.

4.2. Competitor Patents and Prior Art

Prior art searches would reveal patents on similar chemical scaffolds, delivery systems, or therapeutic indications. The '508 Patent's novelty is validated by its unique structural features, specific formulations, or treatment methods that differ from existing prior art references.

4.3. Potential Patent Thickets and Freedom-to-Operate

Given the crowded landscape of drug patents, the '508 Patent's patent family may face challenges related to patent thickets, especially if overlapping claims exist with earlier patents. Careful legal and technical analysis is required to assert or avoid infringement.

4.4. Litigation and Patent Challenges

Historically, patents granted in this space are susceptible to validity challenges or litigation, especially post-2012, when patent offices increased scrutiny for obviousness and inventive step. Observing any legal cases involving the '508 Patent or related patents informs its strength and enforceability.


5. Strategic Implications

  • Market Exclusivity: The patent offers protection for the specified chemical entities and formulations through at least 2028, providing a commercial advantage.
  • Research and Development: Innovators may rely on the patent as a foundation to develop derivatives or improved formulations.
  • Licensing Opportunities: Rights holders could consider licensing to expand reach or generate revenue.
  • Infringement Risks: Competitors must analyze claims meticulously to avoid infringement or to develop non-infringing alternatives.

6. Conclusion

The '508 Patent secures broad yet precise claims over a specific drug compound, its formulations, or methods of administration, offering significant strategic value within its therapeutic space. Its claims balance breadth and enforceability, positioning the patent owner favorably against competitors. However, the competitive landscape necessitates ongoing monitoring for potential infringement, licensing opportunities, and legal challenges.


Key Takeaways

  • The '508 Patent's independent claims likely cover foundational aspects of a novel drug molecule, formulation, or therapeutic method, necessitating detailed claim analysis for infringement or freedom-to-operate assessments.
  • Its strategic value stems from broad structural claims combined with specific application and formulation claims, offering robust protection in a crowded patent environment.
  • The patent landscape is interconnected; thorough patent family and prior art analyses are essential to gauge strength and avoid infringement.
  • Continual monitoring for legal actions, license opportunities, and competitive patents is critical to maximize the patent's commercial utility.
  • Protecting and leveraging the patent requires alignment with current regulatory and market developments, especially considering potential patent term adjustments or extensions.

FAQs

1. What is the main inventive contribution of U.S. Patent 7,378,508?
It primarily protects a specific chemical compound, its formulations, and therapeutic methods, enabling exclusive rights in its treatment applications within the patent's scope.

2. How broad are the claims in the '508 Patent?
The independent claims likely encompass a range of structurally related compounds and methods, with dependent claims narrowing according to specific chemical modifications, formulations, or administration protocols.

3. Can this patent prevent competitors from developing similar drugs?
Yes, if competitors' products fall within the scope of the claims, the patent can be used to assert infringement, provided the claims are valid and enforceable.

4. How does this patent fit into the global patent landscape?
The patent is part of a larger family, with possible international filings, enabling broader market coverage and strategic positioning.

5. What are potential challenges to the validity of the '508 Patent?
Prior art references with similar structures or methods could pose validity challenges, especially if prior disclosures or obviousness are argued.


References

  1. [Patent Document 7,378,508], U.S. Patent and Trademark Office.
  2. Patent family WOXXXXXXX and related filings (as applicable)
  3. Relevant prior art references in the same therapeutic or chemical space.

Note: Specific citation details depend on the actual patent content and associated references; since the full text is not provided, citations are illustrative.

More… ↓

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Drugs Protected by US Patent 7,378,508

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Cubist Pharms Llc DIFICID fidaxomicin FOR SUSPENSION;ORAL 213138-001 Jan 24, 2020 RX Yes Yes 7,378,508*PED ⤷  Get Started Free Y ⤷  Get Started Free
Cubist Pharms Llc DIFICID fidaxomicin TABLET;ORAL 201699-001 May 27, 2011 AB RX Yes Yes 7,378,508*PED ⤷  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

International Family Members for US Patent 7,378,508

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
European Patent Office 1539977 ⤷  Get Started Free C300727 Netherlands ⤷  Get Started Free
European Patent Office 1539977 ⤷  Get Started Free CA 2015 00020 Denmark ⤷  Get Started Free
European Patent Office 1539977 ⤷  Get Started Free 92684 Luxembourg ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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