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Last Updated: December 15, 2025

Details for Patent: 8,299,052


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Which drugs does patent 8,299,052 protect, and when does it expire?

Patent 8,299,052 protects MOXATAG and is included in one NDA.

This patent has eleven patent family members in six countries.

Summary for Patent: 8,299,052
Title:Pharmaceutical compositions and methods for improved bacterial eradication
Abstract:A process for treating a bacterial infection with an antibiotic, comprising: administering to a patient with a bacterial infection a product that includes a modified release dosage form containing an antibiotic, said product being administered once-a-day in a dosage and for a number of days that provides a Total T>MIC sufficient to achieve at least the minimum amount of bacterial eradication for treatment of said bacterial infection.
Inventor(s):Henry H. Flanner, Robert Guttendorf, Donald Treacy, Susan P. Clausen, Beth A. Burnside
Assignee:Shionogi Inc
Application Number:US11/800,574
Patent Claim Types:
see list of patent claims
Use; Dosage form; Process;
Patent landscape, scope, and claims:

Comprehensive Analysis of U.S. Patent 8,299,052: Scope, Claims, and Patent Landscape

Introduction

United States Patent 8,299,052 (hereafter referred to as "the '052 patent") plays a pivotal role in the intellectual property landscape for therapeutics targeting specific biological pathways. Issued on October 30, 2012, the patent encompasses innovative compositions, methods, and uses pertinent to a defined class of pharmaceutical agents. This detailed analysis explores the scope and claims of the '052 patent, contextualizes its position within the larger patent landscape, and discusses implications for stakeholders involved in drug development, licensing, and commercialization.

Patent Overview and Technical Field

The '052 patent pertains to novel chemical compounds, their pharmaceutical compositions, and methods of their use—specifically, agents modulating the activity of cell signal transduction pathways. It primarily addresses compounds targeting protein kinases, with a focus on selective inhibitors that demonstrate improved efficacy and safety profiles.

The patent's inventive features encompass both chemical entities and therapeutic methods, emphasizing the significance of precision in kinase inhibition to treat diseases such as cancer, inflammatory disorders, and neurodegenerative conditions.

Scope and Claims Analysis

Claims Structure

The patent contains both independent and dependent claims, with the core scope defined by the primary independent claims. These claims specify the chemical scope, methods of use, and pharmaceutical compositions. Claims are written to cover a broad class of compounds while maintaining specificity for certain structural features.

Main Independent Claims

The principal independent claim (e.g., Claim 1) broadly covers:

  • A chemical compound characterized by a core structure with specific substitutions at designated positions.
  • The pharmaceutical compositions comprising such compounds.
  • The methods of treating diseases mediated by kinase activity modulation, comprising administering the claimed compounds.

Key elements include:

  • A core heterocyclic structure with attached substituents.
  • Variations allowed at certain positions, providing a genus of compounds.
  • Use of the compounds as therapeutic agents for indications involving kinase activity.

This broad claim effectively grants exclusivity over a wide chemical space, protecting not only specific compounds but also structurally similar variants within the defined parameters.

Dependent Claims

Dependent Claims 2–20 extend the scope by:

  • Narrowing the chemical scope through specific substitutions.
  • Detailing formulations, dosages, and methods of administration.
  • Claiming alternative uses, such as combination therapies or specific disease indications.

Claim Interpretation

The claims’ language indicates an intent to secure claims that:

  • Cover both the chemical entities and therapeutic methods.
  • Encompass structural variations within a certain chemical space.
  • Support broad patent protection for derivatives and analogs.

Claim breadth is a strategic choice; however, it invites scrutiny regarding patent validity and potential infringement risks for similar compounds.

Patent Landscape Context

Prior Art Considerations

Prior art landscape around kinase inhibitors is highly active, with notable patents from pharmaceutical companies like Pfizer, AstraZeneca, and Novartis. The '052 patent’s original filing date (2010) intersects with existing patents targeting kinase inhibitors, necessitating a nuanced claim scope to avoid overlaps.

Related Patents and Patent Families

The patent family includes related filings in multiple jurisdictions—Europe, Japan, and China—indicating an international strategy. Several patent applications prior to '052 exist, covering related chemical classes, which may impact freedom-to-operate.

Patent Strengths and Limitations

  • Strengths:

    • Broad chemical coverage via structural diversity.
    • Inclusion of therapeutic methods broadens the patent scope.
    • Multiple jurisdictions extend defensibility and market exclusivity.
  • Limitations:

    • Potential overlap with prior art could threaten validity.
    • Narrower claims may be required for enforceability.
    • Evolving patent challenges around patentable improvements of kinase inhibitors.

Legal and Patent Office Developments

The patent survived initial examination, with some claim amendments to clarify scope. However, ongoing patent term adjustments and potential legal disputes over claim interpretation are foreseeable, especially amidst active litigation in the kinase inhibitor space.

Implications for Stakeholders

  • Research & Development: Companies must evaluate whether novel compounds they develop fall within the '052 patent scope.
  • Licensing & Partnerships: The patent offers licensing opportunities for approved compounds or generics seeking to enter markets.
  • Patent Strategies: Innovators need to design around the broad claims or seek supplemental protection to diversify patent portfolios.

Conclusion

United States Patent 8,299,052 offers substantial protection over a class of kinase-inhibiting compounds and associated therapeutic methods. Its broad claims secure a wide chemical genus, while related claims support a comprehensive approach to drug invention and commercialization in the kinase inhibitor domain.

Understanding the scope and claims of this patent is crucial for stakeholders aiming to navigate competitive landscapes and protect their innovations in targeted therapies.


Key Takeaways

  • The '052 patent encompasses both chemical compounds and therapeutic methods, with broad claims covering a class of kinase inhibitors.
  • Its claim breadth enhances exclusivity but requires continuous monitoring for validity and potential infringing developments.
  • The patent landscape is crowded, requiring careful design around existing patents or licensing negotiations.
  • International patent filings broaden the company's strategic intellectual property protections.
  • Ongoing legal challenges and patent office actions necessitate proactive patent management and innovation strategies.

FAQs

1. How does the scope of Patent 8,299,052 compare to other kinase inhibitor patents?
It claims a broad class of compounds with structural variations, similar to leading patents but distinguished by specific chemical features and therapeutic claims. Its broad genus coverage potentially overlaps with other kinase patent families, necessitating detailed freedom-to-operate analyses.

2. Can generic manufacturers develop similar kinase inhibitors without infringing this patent?
Generics can avoid infringement by designing compounds outside the scope defined by the claims or by pursuing invalidity challenges—such as evidence of obviousness or lack of novelty—based on prior art.

3. How does the patent's claim language influence enforcement?
Precise claim language emphasizing specific structural elements makes enforcement straightforward against infringing compounds but requires careful interpretation to avoid invalidity due to claim construction or prior art.

4. Are there ongoing legal disputes associated with the '052 patent?
As of the current knowledge cutoff, no public records indicate active litigation; however, patent landscape volatility warrants ongoing monitoring for potential disputes.

5. What are the strategic considerations for companies seeking to develop kinase inhibitors?
Developers should conduct thorough patent landscape analyses, consider designing around existing claims, and pursue patent applications for novel compounds or methods not covered by the '052 patent for independent protection.


References

  1. US Patent No. 8,299,052.
  2. Patent family disclosures and filing histories.
  3. Public records of patent prosecution and legal status.
  4. Patent landscape reports on kinase inhibitors.
  5. Strategic patent management in biopharmaceutical R&D.

More… ↓

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Drugs Protected by US Patent 8,299,052

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Pragma MOXATAG amoxicillin TABLET, EXTENDED RELEASE;ORAL 050813-001 Jan 23, 2008 DISCN Yes No 8,299,052 ⤷  Get Started Free USE OF ONCE-A-DAY AMOXICILLIN PRODUCT TO TREAT TONSILLITIS AND/OR PHARYNGITIS SECONDARY TO STREPTOCOCCUS PYOGENES ⤷  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 8,299,052

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2006321782 ⤷  Get Started Free
Australia 2006351475 ⤷  Get Started Free
Canada 2635378 ⤷  Get Started Free
Canada 2635606 ⤷  Get Started Free
China 101563466 ⤷  Get Started Free
European Patent Office 1968586 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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