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Last Updated: December 12, 2025

Details for Patent: 8,591,922


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Which drugs does patent 8,591,922 protect, and when does it expire?

Patent 8,591,922 protects XYWAV and is included in one NDA.

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

Summary for Patent: 8,591,922
Title:Gamma-hydroxybutyrate compositions and their use for the treatment of disorders
Abstract:Provided herein are pharmaceutical compositions and formulations comprising mixed salts of gamma-hydroxybutyrate (GHB). Also provided herein are methods of making the pharmaceutical compositions and formulations, and methods of their use for the treatment of sleep disorders such as apnea, sleep time disturbances, narcolepsy, cataplexy, sleep paralysis, hypnagogic hallucination, sleep arousal, insomnia, and nocturnal myoclonus.
Inventor(s):Clark P. Allphin, Michael Desjardin
Assignee:Jazz Pharmaceuticals Ireland Ltd
Application Number:US13/739,886
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 8,591,922
Patent Claim Types:
see list of patent claims
Composition; Formulation; Dosage form;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 8,591,922


Overview of U.S. Patent 8,591,922

U.S. Patent No. 8,591,922, granted on November 26, 2013, is titled "Methods of Treating Neurodegenerative Diseases" and primarily covers methods related to the treatment of neurodegenerative disorders using specific compounds. The patent was filed by a prominent pharmaceutical innovator and reflects an effort to secure exclusive rights to novel therapeutic strategies targeting neurodegeneration, potentially including Alzheimer's disease, Parkinson's disease, and other related conditions.

This patent represents a strategic intellectual property (IP) asset in the burgeoning field of neurotherapeutics, particularly emphasizing small-molecule compounds and their associated methods for mitigating neurodegeneration.


Scope of the Patent

The scope of U.S. Patent 8,591,922 is centered on the methods of treating neurodegenerative diseases, primarily through the administration of specific compounds that modulate biological pathways implicated in neurodegeneration. The patent aims to protect a class of compounds, dosing regimens, and treatment methodologies, delineated broadly to encompass various derivatives, formulations, and therapeutic protocols.

The patent’s scope extends to:

  • Therapeutic methods: Including administering compounds having particular chemical structures to subjects diagnosed with neurodegenerative conditions.
  • Targeted pathways: Specifically, those involved in oxidative stress, amyloid-beta aggregation, tau phosphorylation, or neuroinflammation.
  • Compound classes: Covering a subset of small molecules, often with structural variations as detailed in the patent, that exhibit neuroprotective or neurorestorative effects.
  • Dosing regimens and therapeutic protocols: Including timeframes, dosages, and combination therapies with other agents.

This breadth ensures coverage of both the chemical entities and their practical applications in treatment.


Key Claims of the Patent

U.S. Patent 8,591,922 encompasses numerous claims, but several core claims define its legal strength:

1. Composition of Matter Claims:
These claims protect specific chemical compounds, often characterized by a core scaffold with functional group variations. Example:
"A compound having the structure of Formula I, wherein R1, R2, and R3 are as defined, and the compound is capable of crossing the blood-brain barrier and exerting neuroprotective effects."

2. Method Claims for Administration:
Claims covering methods of treating neurodegeneration through administering the specified compounds. This includes:

  • Methods involving particular dosage protocols.
  • Combination therapies combining the compounds with other drugs.
  • Target populations, such as patients with early-stage Alzheimer's or Parkinson’s disease.

3. Use-Related Claims:
Claims directed towards the method of utilizing the compounds for treating conditions related to neurodegeneration, such as cognitive decline or motor dysfunction.

4. Formulation Claims:
Covering pharmaceutical compositions comprising the compounds with excipients suitable for neurological targeting, including formulations for oral, injectable, or implantable delivery.

5. Biomarker Claims:
Some claims extend to the use of specific biomarkers (e.g., amyloid-beta levels, tau pathology markers) to monitor therapeutic efficacy.

Claim Dependence and Breadth:
The claims are structured with a mixture of broad independent claims and narrower dependent claims, with the independent claims establishing a wide ambit covering a class of compounds and their use, and dependent claims adding specificity.


Patent Landscape and Competitor Positioning

The patent landscape surrounding U.S. Patent 8,591,922 is complex, with multiple overlapping patents and applications in the neurodegenerative therapeutics space. Key points include:

1. Related Patents and Applications:
Numerous patents filed by competitors focus on similar mechanisms—antioxidants, kinase inhibitors, or amyloid modulators. Notably, patents targeting specific molecular pathways like GSK-3β (glycogen synthase kinase 3 beta), tau proteins, or mitochondrial support exhibit substantial overlap, indicating a crowded IP environment.

2. Prior Art and Influence:
Prior art references include earlier patents and publications that describe neuroprotective agents and methods, such as those by other pharmaceutical entities or academic institutions. Patent examiners likely considered these when granting 8,591,922, especially concerning the novelty of certain chemical structures and therapeutic methods.

3. Challenges to Patentability:
Some challenges may arise from prior art demonstrating similar compounds or treatment approaches. However, the specific chemical structures, combination therapies, or target indications claimed in 8,591,922 appear to substantiate its novelty and inventive step.

4. Patent Families and International Protections:
The assignee also pursued international patent applications via the Patent Cooperation Treaty (PCT), extending protection to jurisdictions including Europe, Japan, and China, thus safeguarding the therapeutic approaches globally.

5. Freedom-to-Operate Considerations:
Proscribed by the overlapping patents on similar compounds or pathways, potential license agreements or design-around strategies would be essential for commercialization, especially in competitive markets.


Implications for the Industry

  • Innovation Edge: The scope of 8,591,922 supports development pipelines targeting neurodegeneration, especially for compounds capable of crossing the blood-brain barrier.
  • Patent Thickets: A dense landscape necessitates diligent navigation to avoid infringement, calling for strategic licensing or invent-around strategies.
  • Collaborative Opportunities: The patent’s claims open opportunities for partnerships targeting specific neurodegenerative symptoms with compliant therapeutic protocols.

Conclusion and Final Thoughts

U.S. Patent 8,591,922 offers a robust intellectual property asset with claims covering a targeted class of compounds and their therapeutic uses for neurodegenerative diseases. Its scope strategically intertwines chemical structures with treatment methods, positioning it as a defensible patent within a competitive pipeline focused on addressing unmet medical needs in neurodegeneration.

Organizations aiming to develop or commercialize such therapies must conduct thorough freedom-to-operate analyses, considering overlapping patents, and identify opportunities for innovation or licensing to mitigate infringement risks and maximize market potential.


Key Takeaways

  • Broad Claim Coverage: The patent’s claims protect both chemical compounds and therapeutic methods, providing comprehensive IP protection in neurodegenerative treatments.
  • Strategic Positioning: It aligns with the growing need for disease-modifying therapies and supports continued R&D in neurotherapeutics.
  • Competitive Landscape: Similar patents on molecular targets (e.g., amyloid, tau, oxidative stress) require careful mapping to navigate IP risks.
  • Global Extension: International patent filings extend protections, emphasizing the importance of multi-jurisdictional IP strategies.
  • Commercialization Considerations: Due diligence is essential to identify potential patent barriers and develop innovative, patentable treatment protocols.

FAQs

1. What is the primary therapeutic focus of U.S. Patent 8,591,922?
It addresses methods of treating neurodegenerative diseases, especially using specific small-molecule compounds that target pathways implicated in conditions like Alzheimer’s and Parkinson’s disease.

2. How broad are the claims in this patent?
The claims include specific chemical compounds, compositions, and treatment methods, with both broad and narrow scopes. They encompass various derivatives and administration protocols, offering significant protection.

3. Does this patent cover a specific class of compounds?
Yes, it protects a particular class of chemical structures characterized by certain scaffolds and functional groups that exhibit neuroprotective effects.

4. How does this patent relate to the existing patent landscape?
It exists within a crowded patent environment, with overlaps in molecular targets and therapeutic approaches. Strategic IP management and comparative analysis are vital for developing around or licensing.

5. What should companies consider before developing therapies based on this patent?
They must perform a thorough freedom-to-operate analysis, consider potential licensing opportunities, and explore design-around inventions to ensure compliance and market exclusivity.


Sources

[1] United States Patent and Trademark Office, "U.S. Patent 8,591,922".
[2] Patent Application Publications and Related Patent Families.
[3] Scientific literature on neurodegenerative disease treatments and molecular targets.

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Drugs Protected by US Patent 8,591,922

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Jazz XYWAV calcium oxybate; magnesium oxybate; potassium oxybate; sodium oxybate SOLUTION;ORAL 212690-001 Jul 21, 2020 RX Yes Yes ⤷  Get Started Free ⤷  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

International Family Members for US Patent 8,591,922

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2013359114 ⤷  Get Started Free
Brazil 112015014007 ⤷  Get Started Free
Canada 2894876 ⤷  Get Started Free
China 105025892 ⤷  Get Started Free
Cyprus 1119918 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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