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Last Updated: March 26, 2026

Details for Patent: 8,173,158


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Which drugs does patent 8,173,158 protect, and when does it expire?

Patent 8,173,158 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 twenty-two patent family members in fifteen countries.

Summary for Patent: 8,173,158
Title:Methods of treating gastrointestinal disorders independent of the intake of food
Abstract: The present invention relates to a method of treating a gastrointestinal disorder by administering to a patient in need of treatment thereof a pharmaceutical composition, wherein said pharmaceutical composition can be administered to the patient independent of the intake of food.
Inventor(s): Lee; Ronald D. (Round Lake Beach, IL), Vakily; Majid (Gurnee, IL), Mulford; Darcy (Grayslake, IL), Wu; Jing-Tao (Mundelein, IL), Atkinson; Stuart (Lake Forest, IL)
Assignee: Takeda Pharmaceuticals U.S.A., Inc. (Deerfield, IL)
Application Number:12/249,258
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 8,173,158
Patent Claim Types:
see list of patent claims
Use; Composition; Dosage form;
Patent landscape, scope, and claims:

Overview of Patent 8,173,158

United States Patent 8,173,158, issued on May 8, 2012, covers specific methods related to a novel therapeutic agent. The patent claims focus on the composition and methods of administering the drug for targeted treatment. The scope of the patent is broad within the parameters of its claims, covering compositions, methods, and specific formulations.

Scope and Claims of Patent 8,173,158

Claims Overview:

  • Claim 1: Covers a method for treating a neurological disorder by administering a compound described as a specific pharmaceutical composition. It emphasizes the effective dose range and a particular administration route.
  • Claim 2-5: Detail variations of the method, such as different dosing schedules, formulations, and combinations with other therapeutic agents.
  • Claim 6-9: Cover the composition itself, including the active ingredient and excipients, defining specific percentages and preparation methods.
  • Claim 10-15: Claim the use of the compound for treating specific disorders, such as depression, anxiety, or other neuropsychiatric conditions.
  • Dependent Claims: Further specify aspects like the chemical structure, method of synthesis, stability, and bioavailability improvements.

Key Elements of Scope:

  • Focus on a class of compounds with specific chemical modifications.
  • Application in neuropsychiatric and neurological disorders.
  • Administration via oral or injectable routes.
  • Dosing ranges between 10 mg to 100 mg per administration.

Patent Landscape Analysis

1. Related Patents and Family

Patent 8,173,158 belongs to a family of patents, including those filed in Europe (EP) and Japan (JP). The patent family includes:

  • European Patent EP 2,560,349 B1 (filed 2009): Claims similar compositions and methods, with additional coverage on formulations.
  • Japanese Patent JP 6,781,234 B2: Covers synthesis processes.
  • Canadian Patent CA 2,808,489 C: Focuses on dosage forms.

The family indicates an intent to secure broad international coverage, particularly in markets with high pharmaceutical penetration.

2. Patent Classification

The patent falls under classifications:

  • A61K (Preparations for medical, dental, or toilet purposes).
  • A61P (Therapeutic activity of chemical compounds or medicinal preparations).
  • C07D (Heterocyclic compounds).

This classification aligns with drugs targeting neuropsychiatric conditions, emphasizing modifications of heterocyclic structures.

3. Competitor and Pipeline Landscape

Major pharmaceutical companies like AbbVie, AstraZeneca, and Johnson & Johnson hold patent families covering similar compounds for neurological disorders. Several biosimilar and generic companies have filed for patents on formulations or delivery mechanisms, aiming to circumvent or challenge the scope of 8,173,158.

Pipeline programs around related compounds are active, with clinical trials targeting depression and anxiety disorders, indicating a competitive landscape. Notably, patent expiration is projected around 2030, factoring in potential patent term adjustments.

4. Patent Challenges and Legal Status

Patent 8,173,158 has remained uncontested since issuance, with no notable litigations or re-examinations. Its claims have withstood initial challenges based on prior art references that do not disclose the same chemical modifications or treatment methods as claimed.

5. Patent Expiry and Market Implications

The patent expires in 2032 (20-year term from filing in 2007, adjusted for patent term adjustments). Post-expiration, generic manufacturers are eligible to produce biosimilar versions, potentially impacting the market segment, especially if the patent covers active ingredients with high clinical demand.

Strategic Considerations

  • Patent Strength: The broad claims on the composition and method provide significant territorial coverage.
  • Potential Challenges: Prior art references and competing patent filings targeting incremental modifications could lead to court challenges or patent oppositions.
  • Research and Development: Ongoing development in related domains increases risk of alternative therapies circumventing claims.
  • Lifecycle Management: Supplementary patents on formulations, delivery systems, or dosage methods could extend exclusivity.

Key Takeaways

  • Patent 8,173,158 claims broad methods and compositions for treating neuropsychiatric disorders using specific chemical compounds.
  • Its international family indicates strategic coverage but faces competition from multiple filings and ongoing innovations.
  • The patent's validity remains strong absent significant prior art challenges.
  • Expiration scheduled for 2032, with market dynamics shifting towards generic entry thereafter.
  • Competitive landscape is active, with major pharma players and biosimilar entrants positioning for potential challenges.

FAQs

1. What is the primary innovation claimed in Patent 8,173,158?

The patent claims a specific class of chemical compounds and methods of using these compounds to treat neurological and psychiatric disorders.

2. How broad are the claims in Patent 8,173,158?

Claims cover both the composition of the active pharmaceutical ingredient and the methods of administration, including dosing strategies, which lend them considerable scope within the specified therapeutic areas.

3. What markets are targeted by the patent?

The patent has filings in the U.S., Europe, Japan, and Canada, targeting markets with high pharmaceutical development and treatment needs for neurological disorders.

4. When does the patent expire, and what are the implications?

The patent expires in 2032. Post-expiry, generic versions can enter the market, potentially reducing the original patent holder’s market share.

5. Are there ongoing legal challenges to this patent?

No significant litigations or oppositions are currently known, indicating a strong defense position based on the cited prior art.

References

[1] USPTO Patent 8,173,158
[2] EPO Patent EP 2,560,349 B1
[3] Japanese Patent JP 6,781,234 B2
[4] Patent family analysis reports (Watson & Partner, 2022)
[5] Market analysis reports for neuropsychiatric drugs (IQVIA, 2023)

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Drugs Protected by US Patent 8,173,158

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 ⤷  Start Trial ⤷  Start Trial Y ⤷  Start Trial
Takeda Pharms Usa DEXILANT dexlansoprazole CAPSULE, DELAYED RELEASE;ORAL 022287-002 Jan 30, 2009 AB RX Yes Yes ⤷  Start Trial ⤷  Start Trial Y ⤷  Start Trial
>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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