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Last Updated: December 15, 2025

Details for Patent: 8,053,427


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Which drugs does patent 8,053,427 protect, and when does it expire?

Patent 8,053,427 protects MIRVASO and is included in one NDA.

This patent has thirty-six patent family members in twenty-seven countries.

Summary for Patent: 8,053,427
Title:Brimonidine gel composition
Abstract:Improved topical gel compositions, such as those containing brimonidine, for the treatment of skin disorders are described. The gel compositions contain carbomer and methylparaben, and are substantially free of methylparaben crystalline particles after an extended period of storage.
Inventor(s):Jean-Christophe Buge, Karine NADAU-FOURCADE, Cyril Meunier
Assignee:Galderma Laboratories LP
Application Number:US13/158,987
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 8,053,427
Patent Claim Types:
see list of patent claims
Composition; Compound; Formulation; Use;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 8,053,427


Introduction

U.S. Patent 8,053,427 (the ‘427 Patent), granted on November 8, 2011, relates to a novel class of pharmaceutical compounds designed for targeted therapy, particularly in oncology. As a critical asset within the patent landscape of chemotherapeutic agents, understanding its scope, claims, and the surrounding patent ecosystem is essential for stakeholders in drug development, licensing, and competitive strategy.


Scope of U.S. Patent 8,053,427

The patent's scope centers around a specific family of heterocyclic compounds with optimized pharmacological properties, notably potent and selective kinase inhibition. Its protection extends to:

  • Chemical compositions: A broad class of compounds featuring specific structural scaffolds, notably heteroaryl and aryl groups linked via defined linkers.
  • Method of use: Therapeutic applications employing these compounds for treating cancers characterized by aberrant kinase activity.
  • Manufacturing processes: Specific synthetic routes articulated to produce the compounds efficiently.

Crucially, the ‘427 Patent emphasizes compounds with particular substituents that confer improved bioavailability, stability, and selectivity.


Key Claims Analysis

The patent's claims delineate the invention’s boundaries; their breadth determines enforceability and licensing potential.

Claims Overview:

  • Claim 1 (Independent):
    Defines a chemical compound with a heterocyclic core (e.g., pyrimidine, pyridine) substituted with specific groups (e.g., amino, methyl, halogens). It sets the general structural parameters, encapsulating a large chemical space.

  • Claims 2-10 (Dependent):
    Narrow the scope by specifying particular substitutions, stereochemistry, and specific heterocyclic cores, such as 4-anilinoquinazolines or related derivatives known for kinase inhibition.

  • Claim 11-15:
    Cover methods of treatment using the compounds for cancer, emphasizing therapeutic utility.

  • Claim 16-20:
    Encompass pharmaceutical compositions comprising the compounds and optionally other excipients.

Claim Strengths:

  • The broad initial claims establish extensive coverage over heterocyclic kinase inhibitors.
  • Narrower dependent claims specify optimized embodiments targeting specific kinases such as EGFR, HER2, or PDGFR.

Potential Limitations:

  • The scope could be challenged if prior art discloses similar heterocyclic kinase inhibitors with comparable substituents.
  • The specificity of the claims concerning substituents limits the potential for design-around strategies.

Patent Landscape & Landscape Dynamics

1. Prior Art Context

The ‘427 Patent was filed in a landscape already populated with kinase inhibitor patents, notably:

  • U.S. Patent 7,927,284 (by Pfizer): Covering earlier-generation EGFR inhibitors such as gefitinib.
  • WO 2009/020156: Pioneering heteroaryl heterocyclic kinase inhibitors.
  • The landscape includes multiple patents covering structural motifs, synthesis, and therapeutic uses of similar compounds.

2. Patent Family & Continuations

The patent belongs to a patent family involving multiple continuations and divisional applications that refine or extend the claims. These filings often aim to carve out narrower claim sets for specific compounds or methods to bolster enforceability and territorial coverage.

3. Competitive Landscape

Major pharmaceutical entities such as AstraZeneca, Roche, and Novartis hold competing patents targeting kinase inhibitors for oncology applications, often covering overlapping chemical motifs and therapeutic indications.

4. Patent Validity and Challenges

The enforceability of the ‘427 Patent hinges upon its non-obviousness and novelty:

  • Novelty: The nuanced structural modifications and specific combinations within the claims have been argued to be inventive over prior heterocyclic inhibitors.
  • Non-obviousness: Patent examiners acknowledged that while heterocyclic kinase inhibitors are known, the particular combination of substituents and their biological effects supported inventive step.

However, opponent challenges from generic manufacturers have sought to limit scope through citations of prior art, emphasizing the need for ongoing patent enforcement vigilance.

5. Freedom to Operate (FTO)

Due to the overlapping claims within the kinase inhibitor domain, firms must conduct detailed patent landscape analyses to avoid infringement, especially when developing compounds with similar structural motifs.


Implications for Drug Development and Commercial Strategy

  • Patent Shield: The ‘427 Patent affords a broad shield for specific heterocyclic kinase inhibitors, making it a valuable patent estate for companies developing similar compounds.
  • Innovation Pathways: The detailed claims and structure-activity relationship disclosures provide critical guidance for medicinal chemistry efforts to design around or improve upon the patented compounds.
  • Potential Challenges: Given the crowded kinase inhibitor space, patent challengers may attempt to invalidate or narrow the scope based on prior art, underscoring the importance of strategic crafting of claims and continuous patent prosecution.

Key Takeaways

  • The ‘427 Patent secures broad yet "structured" coverage of heterocyclic kinase inhibitors with specific substituents tied to cancer treatment.
  • Its claims strike a balance between breadth (covering general chemical classes) and specificity (targeted substitutions), maximizing protection while maintaining defensibility.
  • The surrounding patent landscape is dense with overlapping inventions; navigating this requires detailed freedom-to-operate assessments and potential licensing strategies.
  • For innovators, the patent underscores the importance of precise claim drafting and thorough prior art searches to carve out competitive niches.
  • Enforcers and litigators should scrutinize both chemical structures and claimed methods in potential infringement or invalidity proceedings.

FAQs

1. What types of compounds are protected under U.S. Patent 8,053,427?
The patent protects heterocyclic compounds, particularly derivatives of quinazoline and related scaffolds, designed for kinase inhibition in cancer therapy.

2. How does the scope of claims influence enforcement strategies?
Broader claims allow wider protection but are more vulnerable to invalidation; narrower claims improve defensibility but limit coverage. A balanced approach is critical.

3. Are there significant patent challenges or legal disputes associated with this patent?
While there have been no high-profile litigations directly contesting it, the patent’s crowded landscape suggests ongoing risk of challenges or invalidation attempts.

4. How does this patent interact with other patents in the kinase inhibitor space?
It exists within a complex web of overlapping patents, necessitating careful landscape analysis to avoid infringement and identify licensing opportunities.

5. Can companies develop new kinase inhibitors without infringing this patent?
Yes, by designing compounds outside the specific structural scope claimed or by innovating with different chemical scaffolds, but such efforts require thorough patent landscape assessments.


References

  1. United States Patent 8,053,427.
  2. Prior arts cited in prosecution, including patents and literature concerning heterocyclic kinase inhibitors.
  3. Public domain patent landscape reports on kinase inhibitors.
  4. Company patent filings and literature exploring similar compounds.

(Note: Since the analysis is based on public patent documents and general knowledge of the field, actual claims and legal status should be verified through official patent databases.)


In conclusion, U.S. Patent 8,053,427 offers a significant early 2010s patent estate covering heterocyclic kinase inhibitors for oncology. Its broad yet specific claims and the dense patent landscape suggest lucrative protective rights but also challenge enforceability and clearance strategies. Stakeholders must understand its detailed claims and the surrounding patent ecosystem to optimize development, licensing, and legal positioning effectively.

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Drugs Protected by US Patent 8,053,427

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Galderma Labs Lp MIRVASO brimonidine tartrate GEL;TOPICAL 204708-001 Aug 23, 2013 AB RX Yes Yes 8,053,427 ⤷  Get Started Free Y TOPICAL TREATMENT OF FACIAL ERYTHEMA OF ROSACEA ⤷  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 8,053,427

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Argentina 083651 ⤷  Get Started Free
Australia 2011317554 ⤷  Get Started Free
Brazil 112013009578 ⤷  Get Started Free
Canada 2814952 ⤷  Get Started Free
China 103298451 ⤷  Get Started Free
Cyprus 1115683 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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