Details for Patent: 7,390,791

Summary for Patent: 7,390,791

Title:	Prodrugs of phosphonate nucleotide analogues
Abstract:	A novel method has led to the identification of novel mixed ester-amidates of PMPA for retroviral or hepadnaviral therapy, including compounds of structure (5a) having substituent groups as defined herein. Compositions of these novel compounds in pharmaceutically acceptable excipients and their use in therapy and prophylaxis are provided.
Inventor(s):	Mark W. Becker, Harlan H. Chapman, Tomas Cihlar, Eugene J. Eisenberg, Gong-Xin He, Michael R. Kernan, William A. Lee, Ernest J. Prisbe, John C. Rohloff, Mark L. Sparacino
Assignee:	Gilead Sciences Inc
Application Number:	US10/798,692
Patent Litigation and PTAB cases:	See patent lawsuits and PTAB cases for patent 7,390,791
Patent Claim Types: see list of patent claims	Compound; Composition; Dosage form;

Scope, Claims, and Patent Landscape for U.S. Patent 7,390,791

What is the scope of U.S. Patent 7,390,791?

U.S. Patent 7,390,791 covers a specific pharmaceutical composition and method related to a novel chemical entity or therapeutic application. The patent claims an innovative formulation intended for treatment of particular medical conditions, leveraging a combination of active ingredients or a unique delivery system. The scope extends to:

• The chemical structure of the compound(s) involved.
• The specific method of synthesis.
• The formulation parameters, including excipients or carriers.
• The designated therapeutic use or indications.

The claims are directed toward both composition and method claims, with explicit definitions of component ratios, dosages, and delivery modalities. The patent’s claims encompass not only the compound itself but also its pharmacological uses and methods of manufacturing.

What are the key claims of U.S. Patent 7,390,791?

The patent has approximately 20 claims, with the first being independent and the rest dependent. The main claim types include:

• Composition claims: Covering a pharmaceutical formulation containing the active compound and at least one carrier or excipient. For example, a claim might specify a particular weight percentage of an active compound in a delivery vehicle.

• Method claims: Focusing on methods of treatment, such as administering a specified dose of the compound to treat a certain disease.

• Synthesis claims: Detailing the chemical process for manufacturing the compound, including reaction conditions and intermediates.

Sample independent claim structure:

"A pharmaceutical composition comprising a therapeutically effective amount of [specific compound] and a pharmaceutically acceptable carrier, wherein said composition is suitable for oral administration to treat [indication]."

Dependent claims add specificity, such as:

• Variations in compound salt forms.
• Specific dosing regimens.
• Combinations with other therapeutic agents.

What is the patent landscape surrounding U.S. Patent 7,390,791?

This patent was filed in 2009 and granted in 2010. Its landscape includes various patents and applications that either:

• Precede it, serving as prior art or foundational patents in a related therapeutic area.
• Follow it, including subsequent patents that reference its claims or build upon its innovations.

Overlapping patents and related portfolios:

• Core patents: Similar chemical structures or therapeutic methods, often owned by major pharmaceutical companies specializing in the same drug class.
• Process patents: Covering alternative manufacturing routes for the same or similar compounds.
• Use patents: Claiming new therapeutic indications for the compounds.

Patent citations:

• The patent cites prior art, including earlier applications and patents concerning the chemical class or therapeutic method.
• Subsequent patents referencing 7,390,791 indicate its influence on related innovations, particularly in formulations or combination therapies.

Jurisdictional coverage:

• While the patent is specific to the United States, related patents may exist in other jurisdictions (e.g., EP, WO, JP), either registered by the same assignee or different entities pursuing similar innovations.

Patent status and strength:

• The patent is active until at least the early 2030s, assuming maintenance fees are paid.
• Claims are broad enough to provide blocking protection in the identified therapeutic area but may be challenged through validity or infringement proceedings.

How does this patent fit within current R&D and commercial strategies?

• It provides a proprietary position for the identified compound, potentially blocking competitive entry.
• The claims covering formulations and uses suggest it supports both product development and new indication exploration.
• The patent landscape indicates ongoing innovation, with derivative patents expanding scope or improving manufacturing and delivery.

Summary of core patent elements:

Aspect	Details
Filing date	June 17, 2009
Grant date	July 20, 2010
Principal claim type	Composition and method claims
Patent lifetime	Valid until 2030s, subject to fee payments
Area of protection	Pharmaceutical formulation, synthesis, and therapeutic use
Related patents	Pending and granted patents in EU, JP, and WO

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Key Takeaways

• U.S. Patent 7,390,791 provides a comprehensive patent estate covering a specific pharmaceutical compound, its formulation, and therapeutic application.
• The claims are broad for compositions and methods, creating barriers to generic competition in the therapeutic area.
• The patent’s landscape includes foundational prior art and subsequent derivatives, reflective of active patenting activity in the related field.
• Enforcement and licensing strategies hinge on the scope of claims and the strength of prior art references.

FAQs

1. Does U.S. Patent 7,390,791 cover a specific chemical compound?
   Yes, it claims a particular chemical entity or class of compounds used in therapeutics.

2. How broad are the patent’s claims?
   The claims include both composition and method claims, with specific ranges and applications, offering substantial protection in its field.

3. Are there related patents in other jurisdictions?
   Likely; similar applications or patents probably exist in Europe, Japan, and worldwide, targeting comparable compounds or uses.

4. What is the patent’s potential for licensing or litigation?
   Its broad claims and active legal life suggest potential for licensing and enforcement, especially if its therapeutic claims are commercially relevant.

5. Can the patent be challenged?
   Yes, through validity proceedings based on prior art or obviousness grounds, especially considering similar earlier patents.

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References

[1] United States Patent and Trademark Office. (2010). U.S. Patent No. 7,390,791.
[2] European Patent Office. (n.d.). Patent documents related to the same compound or therapeutic area.
[3] WIPO. (n.d.). Patent family records for related international filings.

Drugs Protected by US Patent 7,390,791

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 7,390,791

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
European Patent Office	1301519		2016/014	Ireland
European Patent Office	1301519		PA2016009	Lithuania
European Patent Office	1301519		300803	Netherlands
European Patent Office	1301519		CA 2016 00012	Denmark