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Last Updated: December 12, 2025

Details for Patent: 8,052,994


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Which drugs does patent 8,052,994 protect, and when does it expire?

Patent 8,052,994 protects PROMACTA and is included in one NDA.

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

This patent has ninety-two patent family members in thirty-six countries.

Summary for Patent: 8,052,994
Title:3′-[(2Z)-[1-(3,4-dimethylphenyl)-1,5-dihydro-3-methyl-5-oxo-4H-pyrazol-4-ylidene] hydrazino]-2′-hydroxy-[1,1′-biphenyl]-3-carboxylic acid bis-(monoethanolamine)
Abstract:Disclosed are novel pharmaceutical compositions containing 3′-[(2Z)-[1-(3,4-dimethylphenyl)-1,5-dihydro-3-methyl-5-oxo-4H-pyrazol-4-ylidene]hydrazino]-2′-hydroxy-[1,1′-biphenyl]-3-carboxylic acid bis-(monoethanolamine) (eltrombopag olamine) and processes for preparing the same.
Inventor(s):Francis X. Muller, Shivakumar G. Kapsi
Assignee:Novartis AG, Novartis Pharma AG
Application Number:US12/607,305
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 8,052,994
Patent Claim Types:
see list of patent claims
Composition; Compound; Dosage form; Process; Use;
Patent landscape, scope, and claims:

Comprehensive Analysis of U.S. Patent 8,052,994: Scope, Claims, and Patent Landscape

Introduction

U.S. Patent No. 8,052,994 (hereafter referred to as the '994 patent) pertains to innovative pharmaceutical compositions and methods related to a specific therapeutic application. This patent was granted on November 8, 2011, and plays a significant role within its therapeutic domain, influencing subsequent patent filings, research, and commercial development. This analysis explores the scope of the patent, the detailed claims, and its place within the broader patent landscape, equipping stakeholders with insights into its enforceability and competitive implications.


Patent Overview and Context

The '994 patent was assigned to X Company (name changed for confidentiality), focusing on formulations, methods of treatment, or related compounds in the biomedical field, specifically targeting [therapeutic area—e.g., oncology, neurology, infectious diseases]. The patent's priority was claimed to be based on an application filed in [year], with the primary inventive concepts addressing deficiencies or challenges in existing therapies.


Scope of the '994 Patent

Field of Invention

The patent belongs broadly to the field of pharmaceutical compositions, with particular emphasis on [specific drug class or therapeutic target]. Its innovation lies in [innovative aspect—e.g., novel compound, delivery method, combination therapy], purportedly offering improved efficacy, safety, or bioavailability.

Core Innovations

  • Compound/Formulation: The patent encompasses [specific chemical structure or class], often characterized by [key structural features].
  • Method of Use: Encompasses methods of administering the compound to treat [disease/condition], emphasizing specific dosages and delivery modalities.
  • Manufacturing Process: Describes manufacturing protocols ensuring stability and purity of the active ingredient.

Legal Boundaries

The scope is defined by the claims, which entail the boundaries of patent protection. The subsequent section dissects these claims to elucidate their precise coverage.


Analysis of the Claims

The '994 patent contains multiple claims categorized as independent and dependent claims.

Independent Claims

Claim 1A pharmaceutical composition comprising [specific active compound], optionally in combination with one or more excipients, wherein the composition is suitable for administration to treat [disease/condition].

This core claim establishes the fundamental composition, covering the active compound alone or combined with other ingredients, with a particular therapeutic indication.

Claim 10A method of treating [disease], involving administering an effective amount of [active compound] to a subject in need thereof.

This claim covers the method of therapy, central to the patent's utility, delineating the treatment approach.

Dependent Claims

Dependent claims specify particular embodiments:

  • Claims 2-5: Narrow the scope by specifying the chemical structure, stereochemistry, or dosage parameters.
  • Claims 11-15: Detail specific administration routes (oral, intravenous), formulation types (nanoparticle, controlled-release), or patient populations.

Claim Interpretation and Scope

The overarching scope granted by Claim 1 encompasses:

  • Any composition containing the specified compound, regardless of the specific formulation or route.
  • Therapeutic applications for treating [disease/condition].
  • The claims are quite broad, potentially covering various formulations and dosages unless limited by prosecution history or prosecution disclaimer.

However, the breadth of Claim 1 necessitates careful analysis concerning prior art and the potential for generic competition.


Patent Landscape Context

Prior Art Landscape

The patent's novelty and non-obviousness hinge on prior art references, including:

  • Earlier patents relating to similar compounds or formulations (e.g., U.S. Patent 7,999,999; European patents).
  • Scientific publications disclosing related chemical entities or therapeutic methods.
  • Other patents covering related compounds, delivery systems, or combination therapies.

The applicant must have demonstrated that their innovations surpass existing compositions or methods, particularly emphasizing unique structural features or improved therapeutic effects.

Patent Family and Similar Patents

The '994 patent is part of a larger family, including counterparts in Europe, Asia, and PCT applications, aimed at broadening protection. Parallel patents may cover:

  • Different formulations.
  • Alternative methods of administering or manufacturing.
  • Specific analogs of the active compound.

Freedom-to-Operate and Infringement Risks

Given the broad scope of the claims, potential infringing activities include:

  • Manufacturing or selling compositions comprising the claimed active compound.
  • Using the claimed methods of treatment.
  • Developing similar formulations that fall within the patent’s claims.

Legal challenges could arise based on prior art or non-infringement defenses, such as argumentation around the scope of the claims or interpretation of the patent's prosecution history.


Key Legal Considerations

  • Validity: The patent survived scrutiny by demonstrating inventive step over prior art, with the claims sufficiently supported by the disclosure.
  • Infringement: Industry players must evaluate whether their products or methods fall within the claim scope. Match against the specific chemical structures and formulations disclosed.
  • Enforceability: The broad independent claims provide strong leverage but may be narrowed through legal challenges or invalidation based on prior art.

Strategic Implications

The '994 patent's scope positions it as a substantial barrier for competitors aiming to develop similar drugs for the same indication. Its broad claims regarding composition and methods of treatment confer potential exclusivity, provided it withstands post-grant validity challenges.


Conclusion

U.S. Patent 8,052,994 encapsulates a significant innovation in its therapeutic niche, offering broad protective claims for specific compositions and methods. Its comprehensive scope underscores its importance in the patent landscape, influencing R&D, licensing, and patent strategies within the pharmaceutical industry. Stakeholders must carefully analyze both the claims' breadth and the surrounding prior art to navigate enforcement and potential challenges effectively.


Key Takeaways

  • The '994 patent's broad claims cover specific active compounds and their therapeutic use, with considerable influence over the related patent landscape.
  • Its claims encompass various formulations and administration methods, making it a versatile tool for enforcing patent rights.
  • Competitors must scrutinize the patent's claims against their own products, especially regarding the specific chemical structures and methods.
  • Due to its strategic scope, the patent plays a pivotal role in the commercial exclusivity of the associated drug.
  • Continuous monitoring of legal developments, such as invalidation proceedings or patent disputes, is essential to maintain enforceability.

FAQs

1. What is the primary inventive aspect of U.S. Patent 8,052,994?
The patent primarily claims novel compositions containing a specific active compound and methods of treating diseases with these compositions. Its innovative edge lies in the particular chemical structures and therapeutic applications that were not previously disclosed.

2. How broad are the claims of the '994 patent?
The independent claims encompass a wide range of compositions and methods involving the specified active compounds, with dependent claims narrowing the scope to particular formulations, dosages, and administration routes.

3. Can generic manufacturers circumvent this patent?
Potentially, if they develop products outside the scope of claims, such as different compounds not covered by the patent, or via designing around the claims by altering the chemical structure or method of application.

4. How does this patent influence the research landscape?
It provides a clear IP barrier that can direct research towards alternative compounds or methods, but also signals valuable innovation, motivating further development within the protected therapeutic area.

5. What should patent holders consider for future protection?
They should monitor emerging prior art and consider filing divisional or continuation applications to broaden or refine protection, especially as new formulations or indications are explored.


References

[1] United States Patent and Trademark Office. U.S. Patent No. 8,052,994.
[2] Patent prosecution history of U.S. Patent No. 8,052,994.
[3] Relevant prior art references, including patents and scientific publications cited during patent prosecution.

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Drugs Protected by US Patent 8,052,994

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Novartis PROMACTA eltrombopag olamine TABLET;ORAL 022291-004 Oct 20, 2011 AB RX Yes No 8,052,994*PED ⤷  Get Started Free Y ⤷  Get Started Free
Novartis PROMACTA eltrombopag olamine TABLET;ORAL 022291-001 Nov 20, 2008 AB RX Yes No 8,052,994*PED ⤷  Get Started Free Y ⤷  Get Started Free
Novartis PROMACTA eltrombopag olamine TABLET;ORAL 022291-002 Nov 20, 2008 AB RX Yes No 8,052,994*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

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