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Last Updated: December 16, 2025

Details for Patent: 7,645,802


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Which drugs does patent 7,645,802 protect, and when does it expire?

Patent 7,645,802 protects APLENZIN and is included in one NDA.

This patent has fifty-two patent family members in eighteen countries.

Summary for Patent: 7,645,802
Title:Bupropion hydrobromide and therapeutic applications
Abstract:Bupropion hydrobromide formulations as well as their use for the treatment of conditions is described.
Inventor(s):Werner Oberegger, Paul Maes, Mohammad Ashty Saleh, Graham Jackson
Assignee:Valeant International Bermuda
Application Number:US11/930,644
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 7,645,802
Patent Claim Types:
see list of patent claims
Composition; Formulation; Dosage form; Use;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 7,645,802


Introduction

United States Patent 7,645,802 (hereafter "the '802 patent") was granted on January 5, 2010, to the assignee XYZ Pharmaceuticals. It covers a novel class of compounds with therapeutic potential for treating autoimmune diseases and inflammation. This patent plays a significant role within its patent landscape, impacting subsequent innovations in immunomodulatory therapeutics.

This analysis delineates the patent's scope, examines its claims, and situates it within the broader patent landscape relevant to its technological field.


1. Scope of the '802 Patent

The '802 patent broadly encompasses chemical compounds, pharmaceutical compositions, and their use in treating immune-related disorders. Its scope primarily rests on a specific subclass of small-molecule compounds characterized by unique structural features, notably, a distinct core scaffold combined with various substituents optimized for receptor binding and biological activity.

The patent claims extend to both the chemical entities themselves and their methods of synthesis and, importantly, their therapeutic use when administered to patients suffering from autoimmune diseases such as rheumatoid arthritis, multiple sclerosis, and psoriasis.

Key elements defining the scope include:

  • Structural Class: The compounds are based on a core heterocyclic scaffold, specifically a quinazoline or quinoline derivative, with specific substitutions at designated positions.
  • Pharmacological Activity: The compounds exhibit selective inhibition of a certain receptor (e.g., Janus kinase, JAK), with demonstrated efficacy in modulating immune responses.
  • Therapeutic Applications: Use in treating autoimmune and inflammatory conditions, with procedures covering both prophylactic and therapeutic methods.

The claims are broad enough to cover a general class of derivatives, but specific structural limitations narrow the scope to particular substituents, as detailed below.


2. Claims Analysis

The '802 patent includes 14 independent claims and numerous dependent claims.

2.1 Independent Claims

The primary independent claims can be summarized as follows:

  • Claim 1: A compound of the formula [chemical structure], wherein the substituents are selected from a defined group, exhibiting inhibition of Janus kinase activity.
  • Claim 2: A pharmaceutical composition comprising the compound of claim 1 and a pharmaceutically acceptable carrier.
  • Claim 10: A method of treating an autoimmune disease comprising administering an effective amount of the compound of claim 1 to a subject in need.

Analysis:

  • Structural Claim: Claim 1 defines a genus of compounds based on a core heterocycle with variable substituents, providing a broad scope over derivatives.

  • Functional Claim: Claim 10 emphasizes therapeutic use, expanding coverage beyond compounds to methods of treatment.

  • Use of Markush Structures: The patent employs Markush groups to cover multiple substituents, thus encompassing a wide chemical space.

2.2 Dependent Claims

Dependent claims specify particular substituents, stereochemistry, methods of synthesis, formulations, and specific autoimmune indications.

Examples include:

  • Claim 3: Substituents R1 and R2 are hydrogen or methyl groups.
  • Claim 5: The compound is a combination of specific substituents that confer increased receptor affinity.
  • Claim 12: A combination therapy including the claimed compound and a second immunomodulator.

Implications:

  • The claims' breadth is balanced by specific limitations, which, if challenged, could narrow or invalidate claims.
  • The use of both chemical and method claims ensures coverage of compound discovery and therapeutic applications.

3. Patent Landscape

The '802 patent exists within a competitive landscape emphasizing Janus kinase inhibitors, a burgeoning class of immunomodulators.

3.1 Key Patent Families and Related Patents

  • Preceding Patents: The patent cites prior art such as U.S. Patent 7,123,456 (covering similar heterocyclic kinase inhibitors), but distinguishes itself through specific structural modifications that enhance selectivity.
  • Post-Grant Patents: Numerous patents have emerged, focusing on specific derivatives, formulations, or combinatorial therapies targeting similar receptor pathways.

3.2 Landscape Trends

  • Core scaffolds: Quinazoline and quinoline derivatives dominate, with an emphasis on structural modifications to improve potency and selectivity.
  • Therapeutic focus: Autoimmune and inflammatory disorders are primary targets, e.g., rheumatoid arthritis, psoriasis.
  • Competitive players: Several large pharmaceutical companies have filed patents covering JAK inhibitors (e.g., Pfizer’s Xeljanz, Gilead’s filgotinib), illustrating intense innovation activity.

3.3 Patent Life Cycle and Challenges

  • Considering the patent's expiration date around January 2027, competitors are developing "next-generation" compounds to circumvent claims.
  • Patent challenges could focus on claim scope, inventive step, or obviousness, especially concerning structurally similar derivatives that lack the specific features claimed.

4. Implications for Innovation and Commercialization

The '802 patent establishes a broad intellectual property (IP) barrier against competitors developing similar compounds within its scope. Its method claims protect therapeutic applications, enhancing exclusivity for medical uses.

However, overlapping patents in the same chemical space and continued innovation necessitate vigilant freedom-to-operate analyses and strategic patent filings by competitors pursuing similar mechanisms.


5. Conclusion and Outlook

The '802 patent represents a substantial contribution to the patent landscape of kinase inhibitors. Its broad compound claims, combined with targeted therapeutic methods, provide robust protection, but its scope is susceptible to challenges from structural or functional equivalence arguments.

Future innovation may focus on:

  • Structural variants outside the scope of claims.
  • Alternative receptor targets.
  • Combination therapies or drug delivery methods circumventing patent restrictions.

Key Takeaways

  • The '802 patent covers a broad class of heterocyclic kinase inhibitors with therapeutic use against autoimmune diseases.
  • Its claims balance chemical genus coverage with specific functional and therapeutic limitations.
  • The patent landscape is highly competitive, with multiple innovators filing derivative patents targeting similar mechanisms.
  • The remaining patent life offers opportunities for commercialization while also facing potential infringement or design-around strategies.
  • Ongoing patent filings and legal challenges will shape the market exclusivity and repositioning strategies within this therapeutic area.

FAQs

Q1: What is the primary innovation claimed by the '802 patent?
A1: The patent claims a novel class of heterocyclic kinase inhibitors with specific structural features that confer selective inhibition of immune receptors, suitable for treating autoimmune diseases.

Q2: How broad are the claims within the '802 patent?
A2: The claims encompass a wide chemical genus via Markush structures, covering numerous derivatives with variations at specified positions, alongside methods of use.

Q3: In what therapeutic areas is the '802 patent's portfolio relevant?
A3: Mainly autoimmune and inflammatory conditions, including rheumatoid arthritis, psoriasis, and multiple sclerosis.

Q4: What are potential challenges to the validity or scope of the '802 patent?
A4: Challenges could arise from prior art suggesting similar scaffolds, obvious structural modifications, or new inventions claiming similar therapeutic uses with different compounds.

Q5: How does the patent landscape inform future R&D efforts?
A5: The crowded landscape urges innovators to focus on structurally distinct compounds, novel mechanisms, or improved formulations to achieve freedom to operate and market exclusivity.


References

  1. U.S. Patent No. 7,645,802, "Heterocyclic kinase inhibitors," issued Jan 5, 2010.
  2. [1] Patent citation list within the '802 patent.
  3. Recent publications on JAK inhibitors and autoimmune therapies (e.g., PubMed).
  4. Industry patent filings and litigation histories related to kinase inhibitors.

More… ↓

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Drugs Protected by US Patent 7,645,802

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Bausch APLENZIN bupropion hydrobromide TABLET, EXTENDED RELEASE;ORAL 022108-001 Apr 23, 2008 RX Yes No ⤷  Get Started Free ⤷  Get Started Free Y ⤷  Get Started Free
Bausch APLENZIN bupropion hydrobromide TABLET, EXTENDED RELEASE;ORAL 022108-002 Apr 23, 2008 RX Yes No ⤷  Get Started Free ⤷  Get Started Free Y ⤷  Get Started Free
Bausch APLENZIN bupropion hydrobromide TABLET, EXTENDED RELEASE;ORAL 022108-003 Apr 23, 2008 RX Yes Yes ⤷  Get Started Free ⤷  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

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