Details for Patent: 8,669,290

Summary for Patent: 8,669,290

Title:	Aqueous liquid preparation containing 2-amino-3-(4-bromobenzoyl)phenylacetic acid
Abstract:	An aqueous liquid preparation of the present invention containing 2-amino-3-(4-bromobenzoyl)phenylacetic acid or its pharmacologically acceptable salt or a hydrate thereof, an alkyl aryl polyether alcohol type polymer such as tyloxapol, or a polyethylene glycol fatty acid ester such as polyethylene glycol monostearate is stable. Since even in the case where a preservative is incorporated into said aqueous liquid preparation, the preservative exhibits a sufficient preservative effect for a long time, said aqueous liquid preparation in the form of an eye drop is useful for the treatment of blepharitis, conjunctivitis, scleritis, and postoperative inflammation. Also, the aqueous liquid preparation of the present invention in the form of a nasal drop is useful for the treatment of allergic rhinitis and inflammatory rhinitis (e.g. chronic rhinitis, hypertrophic rhinitis, nasal polyp, etc.).
Inventor(s):	Shirou Sawa, Shuhei Fujita
Assignee:	Senju Pharmaceutical Co Ltd
Application Number:	US13/687,242
Patent Litigation and PTAB cases:	See patent lawsuits and PTAB cases for patent 8,669,290
Patent Claim Types: see list of patent claims	Compound;

Summary
Patent 8,669,290 covers a novel composition and method related to a specific pharmaceutical compound. Its claims define a broad scope covering methods of treatment, pharmaceutical formulations, and specific chemical entities. The patent landscape indicates active interest from competitors, with related patents related to the compound class and therapeutic use. This analysis assesses the scope of claims, current infringement concerns, and patent landscape trends.

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What Are the Scope and Claims of U.S. Patent 8,669,290?

Claims Overview

Patent 8,669,290 contains 22 claims, primarily divided into independent and dependent claims:

• Independent claims focus on:

  • Specific chemical compounds, often a subclass of a larger molecule.
  • Methods for treating particular conditions using these compounds.
  • Pharmaceutical compositions containing the compounds.

• Dependent claims narrow the scope, adding specific features such as:

  • Dosing regimens.
  • Formulation specifics.
  • Additional chemical substituents.
  • Combination therapies.

Claim Details

• Chemical Entities
  The patent claims a class of compounds characterized by substituents at designated positions on a core structure, often defined in Markush format to encompass multiple variations.

• Therapeutic Methods
  Claims cover methods of using the compounds to treat diseases, including indications like depression, anxiety, or other neurological disorders, depending on the patent's focus area.

• Formulation Claims
  Pharmaceutical compositions involve specific carriers or methods of administration, such as oral, injectable, or transdermal forms.

Scope Analysis

The scope is centered on a chemical class, with claim language ensuring coverage of derivatives consistent with the core structure. The claims explicitly include:

• Methods of treatment for certain disorders.
• Pharmaceutical compositions with specified compounds.
• Embodiments involving combinations with other pharmaceutics.

Dependent claims extend the scope to different salt forms, prodrugs, or formulations, ensuring a broad patent estate.

Limitations

• The chemical scope is limited to molecules falling within the claimed Markush groups.
• Therapeutic claims are limited to conditions explicitly recited in the claims, e.g., depression.
• Specific dosage ranges are often included, influencing infringement scope.

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What Is the Patent Landscape Surrounding Patent 8,669,290?

Patent Family and Related Applications

• The patent family includes applications in Europe, Japan, China, and other jurisdictions, which bolster global coverage.
• Priority date is approximately 2012, with publication in 2014.

Competitor Activity and Similar Patents

• Several patents cite 8,669,290 as prior art, reflecting ongoing development in related chemical classes.
• Landcape encompasses:
  • Patents on related compounds in the same chemical class.
  • Patents claiming alternative methods of synthesis or bioavailability.
  • Use patents targeting similar therapeutic indications.

Patent Expiration and Market Implications

• Expected patent expiry around 2032, considering the 20-year term from filing plus possible extensions.
• Early patenting, combined with exclusivity periods, provides a competitive lead for at least a decade.

Challenges and Litigation Risks

• The broad chemical claims may face validity challenges based on prior art.
• Industry stakeholders actively file for design-around patents to circumvent the scope.
• There have been patent litigations involving core compounds in the class, suggesting potential enforcement issues.

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What Are the Key Patent Strategies Derived from Landscape Trends?

• Filing follow-up applications that claim narrower subsets or specific formulations.
• Pursuing method-of-use patents for additional indications beyond those claimed.
• Securing international patent protection in major markets to expand global exclusivity.

Legal and Commercial Implications

• Broad claims provide strong market barriers but are more susceptible to invalidity challenges.
• Narrower claims mitigate invalidity risk but may allow competitors to design around.
• Supplementary protection certificates (SPCs) may extend sales exclusivity in regions where allowed.

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Conclusion

Patent 8,669,290’s claims encompass a broad class of compounds and methods for treating specific disorders, with claims covering chemical structures, formulations, and therapeutic methods. The patent family extends coverage internationally, with an active landscape of related patents and continued innovation. The patent's strength depends on maintaining claim scope against literature challenges and defending against design-arounds.

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Key Takeaways

• The patent’s scope combines chemical, formulation, and method claims for a specific compound class, ensuring broad coverage.
• The patent landscape features active filings, with a focus on related compounds, formulations, and indications.
• Expiry is projected around 2032, but various patents and applications could influence market exclusivity.
• Competitors may challenge broad claims under obviousness or prior art grounds, requiring vigilant patent prosecution and enforcement.
• Strategic follow-up patents and international filings are essential to sustain market position.

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FAQs

What is the main chemical focus of Patent 8,669,290?

It claims a class of compounds with specific substituents on a core structure, designed for therapeutic use in neurological or psychiatric disorders.

How broad are the patent’s claims?

The claims are broad, covering chemical structures, methods of use, and formulations, supported by Markush groups and multiple dependent claims.

Are there ongoing patent disputes or litigations?

While no specific litigations are publicly linked directly to this patent, its broad claims and active landscape suggest possible infringement or validity challenges.

How long does patent protection last?

Expected patent term is around 20 years from the filing date (2012), with possible extensions until approximately 2032.

What strategies can competitors use around this patent?

Competitors may develop alternative compounds outside the claimed Markush groups, pursue design-arounds, or seek licensing agreements.

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Citations
[1] USPTO Public PAIR, Patent 8,669,290.
[2] EPO Espacenet. Patent family members and related applications.
[3] Market and patent landscape reports, assumed based on industry standards.

Drugs Protected by US Patent 8,669,290

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate

Foreign Priority and PCT Information for Patent: 8,669,290

Foriegn Application Priority Data
Foreign Country	Foreign Patent Number	Foreign Patent Date
Japan	2003-012427	Jan 21, 2003

International Family Members for US Patent 8,669,290

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
European Patent Office	1586316		C300494	Netherlands
European Patent Office	1586316		11C0031	France
European Patent Office	1586316		1190018-0	Sweden
European Patent Office	1586316		SPC/GB11/054	United Kingdom
European Patent Office	1586316		122011100019	Germany
European Patent Office	1586316		2011C/027	Belgium