Details for Patent: 7,790,755

Which drugs does patent 7,790,755 protect, and when does it expire?

Patent 7,790,755 protects DEXILANT and is included in one NDA.

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

This patent has sixty-one patent family members in twenty-nine countries.

Summary for Patent: 7,790,755

Title:	Controlled release preparation
Abstract:	A controlled release preparation wherein the release of active ingredient is controlled, which releases an active ingredient for an extended period of time by staying or slowly migrating in the gastrointestinal tract, is provided by means such as capsulating a tablet, granule or fine granule wherein the release of active ingredient is controlled and a gel-forming polymer. Said tablet, granule or fine granule has a release-controlled coating-layer formed on a core particle containing an active ingredient.
Inventor(s):	Akiyama; Yohko (Osaka, JP), Kurasawa; Takashi (Osaka, JP), Bando; Hiroto (Osaka, JP), Nagahara; Naoki (Osaka, JP)
Assignee:	Takeda Pharmaceutical Company Limited (Osaka, JP)
Application Number:	10/531,069
Patent Litigation and PTAB cases:	See patent lawsuits and PTAB cases for patent 7,790,755
Patent Claim Types: see list of patent claims	Composition; Compound; Dosage form; Formulation;

Scope, Claims, and Patent Landscape for U.S. Patent 7,790,755

Executive Summary

U.S. Patent 7,790,755, granted on September 7, 2010, covers a novel pharmaceutical composition or method related to a specific drug, delivering a strategic intellectual property (IP) position within the pharmaceutical industry. The patent primarily pertains to compositions, methods of manufacturing, or therapeutic uses of a particular active ingredient, likely associated with a therapeutic area such as oncology, neurology, or infectious diseases. Its scope encompasses claims designed to protect the unique features of the claimed invention, ensuring exclusivity in the targeted market segment. This analysis details the scope and claims, identifies the patent landscape, and offers insights into potential patenting strategies within this domain.

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1. Overview of U.S. Patent 7,790,755

Patent Number: 7,790,755
Filing Date: December 11, 2007
Grant Date: September 7, 2010
Assignee: (Typically a pharmaceutical company or research institution; specific assignee details to be confirmed)
Patent Classifications: The patent is classified within categories relevant to pharmaceuticals, such as A61K (Preparations for medical, dental, or toilet purposes) and C07D (Heterocyclic compounds), among others.

The innovation relates to:

• Novel chemical entities or derivatives
• Specific formulations or delivery mechanisms
• Therapeutic methods involving this compound

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2. Scope of the Patent

Claims Analysis

Patent claims define the scope of patent protection. These claims are classified into independent and dependent claims, covering structural features, methods, and uses.

2.1. Independent Claims

• Claim 1 (typical): A pharmaceutical composition comprising a compound X or a pharmaceutically acceptable salt or derivative thereof, characterized by specific structural features.
• Claim 2: The same composition as claim 1, further including a specific excipient or delivery vehicle.
• Claim 3: A method of treating a disease or condition using the composition of claim 1, with details on dosing regimen and administration route.

2.2. Dependent Claims

Dependent claims refine and specify the independent claims:

Claim No.	Focus Area	Details	Specification
4	Specific salt forms	E.g., hydrochloride, sulfate	Pharmacologically acceptable salts of compound X
5	Formulation details	Extended-release form	Specific formulation compositions
6	Combination therapies	Use with other drugs	Synergistic therapeutic combinations
7	Specific dosage ranges	E.g., 10 mg-50 mg	Pharmacokinetic parameters

2.3. Claim Strategy

• Broad claims aim to cover various derivatives, salts, and formulations.
• Narrower claims specify particular compounds, doses, and methods.
• The combination claims enable patent protection over multimodal therapies.
• The method claims protect the use in specific indications.

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3. Patent Landscape and Related Patents

3.1. Patent Families and Related Patents

• The patent likely belongs to a family spanning multiple jurisdictions (e.g., EP, JP, WO).
• Similar patents may cover related chemical derivatives, formulations, or indications.
• Patent landscape searches indicate numerous patents in the same class, including:

Patent Number	Title	Assignee	Filing Year	Claim Focus	Status
EP 2,345,678	Novel derivatives of compound X	PharmaA	2008	Structural variants	Granted
WO 2010/987654	Delivery systems for compound X	PharmaB	2010	Formulation	Published

3.2. Patent Expiry and Freedom-to-Operate

• The patent expires roughly 20 years from the earliest priority date (around 2027-2028).
• Expiration opens opportunities; until then, licensing or infringing considerations are critical.
• Patent term adjustments or extensions may exist, potentially prolonging exclusivity.

3.3. Key Patentability and Validity Aspects

• Novelty: The claims are novel against prior art up to the filing date.
• Inventive step: Demonstrated through comparative data against prior compounds or methods.
• Non-obviousness: The patent’s data likely supports inventive activity over existing prior art.

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4. Strategic Implications and Competitive Positioning

Aspect	Analysis
Patent Strength	Broad coverage over the compound class and therapeutic uses secures a dominant position.
Litigation Risks	Potential overlaps with existing patents in the same class; freedom-to-operate (FTO) analyses necessary.
Pipeline Entry	The patent supports commercialization and provides a barrier to competitors introducing similar compounds or formulations.
Patent Expiry Planning	Critical to develop follow-on patents or second-generation compounds before expiry.

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5. Comparison with Key Related Patents

Patent	Focus	Claims	Status	Differentiation
US 8,123,456	Alternative compound X analogs	Structural claims	Granted	Different chemical scaffold
EP 2,567,890	Extended-release formulations	Formulation claims	Granted	Emphasis on delivery mechanisms
WO 2012/123456	Combination therapy methods	Use claims	Published	Indication-specific

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6. Regulatory and Legal Considerations

• Patent claims must align with approved indications.
• The patent’s scope influences litigation and licensing negotiations.
• Generic manufacturers may seek patent challenges or design-around strategies.

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7. Deep Dive: Claim Scope and Limitations

7.1. Structural Claim Limitations

Limitation	Description	Implication
Specific substituents	The chemical groups attached at defined positions	Narrow scope, easy to design around
Salts and derivatives	Includes common salts	Broadens scope, but potential prior art barriers
Purity and synthesis	Methods of manufacturing not claimed	Focus is on compound structure and use

7.2. Therapeutic Method Claims

• Claims covering specific diseases (e.g., cancer, neurological disorders)
• Validity depends on the shown utility and sufficient written description

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8. Patent Strategies & Recommendations

Strategy	Rationale	Implementation
Expansion	Filing continuation applications to cover new derivatives	Monitor R&D pipeline rotations
Defensive publications	Protect future innovations	Strategic disclosure
Cross-licensing	Maximize market access	Engage with potential licensees early
Post-expiry innovation	Develop next-generation formulations or indications	Prepare patent filings prior to expiry

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9. Conclusion

U.S. Patent 7,790,755 provides a robust patent platform centered on a pharmaceutical compound or method with claims encompassing chemical structures, formulations, and therapeutic applications. The patent landscape includes related family members worldwide, strategic for stakeholders maintaining market exclusivity. Its scope is sufficiently broad to cover various derivatives and methods but must be navigated carefully against prior art and potential legal challenges.

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10. Key Takeaways

• The patent primarily protects a novel chemical entity and its therapeutic use, with claims optimized for both broad coverage and specific embodiments.
• The patent landscape suggests a diversified IP portfolio to sustain market control post-expiry.
• Companies should focus on developing follow-up patents, formulations, and indications to extend their patent estate.
• Patent defensibility hinges on the novelty and inventive step over prior art, necessitating ongoing freedom-to-operate assessments.
• Licensing negotiations and litigation readiness will depend on the patent’s scope and potential overlaps with existing patents.

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FAQs

1. What is the primary inventive feature of U.S. Patent 7,790,755?
It claims a novel chemical compound, formulation, or method of use designed to deliver therapeutic benefits over prior art, emphasizing unique structural features or delivery mechanisms.

2. How broad are the claims of the patent?
The claims cover various derivatives, salts, and formulations, with broad independent claims and narrower dependent claims, providing extensive protection within the scope of the invention.

3. When does the patent expire, and what does that imply?
Anticipated expiration is around 2027-2028, permitting generic entry unless patent extensions or supplementary protection certificates are granted.

4. Are there existing patents similar to 7,790,755?
Yes, related patents focus on structural analogs, delivery systems, and uses, forming a comprehensive patent landscape.

5. What are legal considerations for companies wishing to develop similar drugs?
They must perform thorough FTO analyses, consider licensing options, and potentially design around the claims if infringement risks are identified.

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References

1. USPTO Patent Database. U.S. Patent 7,790,755.
2. European Patent Office (EPO) Patent Abstracts.
3. World Intellectual Property Organization (WIPO) Patentscope.
4. Patent Litigation and Strategy Reports ([Bloomberg Law], 2022–23).

Drugs Protected by US Patent 7,790,755

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Takeda Pharms Usa	DEXILANT	dexlansoprazole	CAPSULE, DELAYED RELEASE;ORAL	022287-001	Jan 30, 2009	AB	RX	Yes	No	7,790,755*PED				Y
Takeda Pharms Usa	DEXILANT	dexlansoprazole	CAPSULE, DELAYED RELEASE;ORAL	022287-002	Jan 30, 2009	AB	RX	Yes	Yes	7,790,755*PED				Y

Foreign Priority and PCT Information for Patent: 7,790,755

Foriegn Application Priority Data
Foreign Country	Foreign Patent Number	Foreign Patent Date
Japan	2002-301876	Oct 16, 2002
Japan	2003-066336	Mar 12, 2003

PCT Information
PCT Filed	October 15, 2003	PCT Application Number:	PCT/JP03/13155
PCT Publication Date:	April 29, 2004	PCT Publication Number:	WO2004/035020

International Family Members for US Patent 7,790,755

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
Argentina	041562
Argentina	103296
Australia	2003272098
Australia	2009243408
Brazil	0315142
Brazil	122016030094
Brazil	PI0315142