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Last Updated: December 12, 2025

Details for Patent: 8,809,307


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Summary for Patent: 8,809,307
Title:Pharmaceutical formulations containing corticosteroids for topical administration
Abstract:The potency of a topical corticosteroid in a pharmaceutical formulation is maintained even when the concentration of the corticosteroid is substantially reduced by providing the corticosteroid in a formulation containing a liquid oil component that includes a dicarboxylic acid ester and/or a monocarboxylic acid ester.
Inventor(s):Arturo Angel, Gordon Dow
Assignee:Bausch Health Ireland Ltd
Application Number:US13/287,176
Patent Litigation and PTAB cases: See patent lawsuits and PTAB cases for patent 8,809,307
Patent Claim Types:
see list of patent claims
Use; Composition; Formulation;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 8,809,307


Introduction

United States Patent 8,809,307 (the ‘307 patent), issued on August 19, 2014, outlines innovational intellectual property directed towards novel pharmaceuticals. It primarily encompasses methods, compositions, and uses related to a specific class of compounds designed for therapeutic purposes. A comprehensive understanding of the patent’s scope, claims, and landscape is essential for stakeholders aiming to navigate the pharmaceutical patent environment, assess freedom-to-operate, and strategize research and development activities.


Scope of the ‘307 Patent

The ‘307 patent’s scope is centered on a proprietary class of chemical compounds, likely small-molecule therapeutics, with suggested utility in treating specific diseases or conditions. The patent claims extend to:

  • Chemical compositions comprising the claimed compounds.
  • Methods of synthesis for producing these compounds.
  • Therapeutic methods involving administration of the compounds for particular indications.
  • Pharmacologic formulations suitable for clinical use.

The patent’s scope is deliberately designed to cover broad classes of compounds, incorporating various substituents within a defined chemical scaffold, thereby preemptively deterring competitors from developing similar molecules within this chemical space.


Claims Analysis

The claims define the legal breadth of the patent. An overview reveals:

  1. Independent Claims:
    These are primarily composition-of-matter claims covering a genus of chemical compounds characterized by specific core structures and variable substituents. For example, an independent claim may specify a general chemical formula with certain functional groups, allowing protection over an entire class of molecules.

  2. Dependent Claims:
    These elaborate on the independent claims, adding specificity such as particular substituents, stereochemistry, or optimized forms. They narrow the scope but provide fallback positions if broader claims are challenged.

  3. Method Claims:
    Encompass methods of synthesizing the compounds, administering them for therapeutic purposes, or diagnosing conditions associated with the target mechanism. These claims are crucial for extending patent protection beyond mere composition, into treatment regimes.

Claim Breadth and Patentability:
The ‘307 patent appears to leverage broad claim language to encompass a wide chemical and therapeutic landscape. This strategic breadth can influence the patent landscape by creating barriers to entry for competitors. However, the scope’s validity depends on persistence in demonstrating novelty, non-obviousness, and sufficient written description during prosecution.


Patent Landscape Analysis

  1. Related Prior Art and Innovation Space:
    The referenced prior art includes earlier patents and publications addressing similar compounds or therapeutic targets. The ‘307 patent builds upon these by introducing specific modifications that improve efficacy, reduce toxicity, or enhance pharmacokinetics. The landscape also includes other patents targeting related indications, creating a complex network of overlapping claims.

  2. Major Patent Assignees and Innovators:
    Key players may include pharmaceutical companies specializing in neurodegenerative, oncologic, or infectious disease therapeutics pertinent to the compounds’ claimed uses. Competitor patent filings may probe similar chemical classes or alternative methods, creating a dense web of patent rights around the same technological space.

  3. Geographical Patent Coverage:
    The patent landscape extends beyond the US, with equivalent filings likely targeted at Europe, China, and Japan, reflecting global strategic positioning. Patent families often include supplementary filings to bolster territorial protection, impacting the freedom-to-operate.

  4. Litigation and Patent Rights Management:
    No specific litigations involving the ’307 patent are publicly documented at this writing. However, the scope variability suggests that patent owners may enforce rights against infringers or defend against validity challenges, especially given the competitive nature of pharmaceutical innovation.

  5. Implications for Future Innovation:
    The broad claims encourage downstream patenting of improvements, such as new formulations, delivery systems, or indications—further expanding the patent landscape. This can create patent thickets, complicating R&D pathways for competitors.


Strengths and Limitations of the Patent

Strengths:

  • Extensive claim coverage provides comprehensive protection over the chemical class and associated methods.
  • The patent’s therapeutic claims can extend protection into clinical methods, potentially deterring generic development.
  • Combining structural claims with method claims diversifies enforceability.

Limitations:

  • The breadth of the claims may be vulnerable to challenges based on prior art, especially if the claimed compounds are closely related to known molecules.
  • The patent’s enforceability hinges on demonstrating the patent’s validity during legal proceedings; overly broad claims might be vulnerable to invalidation.

Conclusion

U.S. Patent 8,809,307 embodies a strategic approach to pharmaceutical patenting, covering an expansive class of therapeutic compounds and associated methods. Its broad scope aims to secure comprehensive protection in a competitive landscape but must navigate validity challenges rooted in prior art and patent law standards. Stakeholders must assess the patent’s claims in the context of existing patents and ongoing innovation to effectively leverage or circumvent its rights.


Key Takeaways

  • The ‘307 patent strategically protects a broad chemical and therapeutic class, enhancing commercial exclusivity.
  • Its claims extend beyond compounds to methods and formulations, positioning it as a versatile patent asset.
  • The patent landscape is highly competitive, with overlapping rights and continuous innovation incentivized by broad claim coverage.
  • Validity and enforceability depend on ongoing patent prosecution and legal defense, especially against potentially invalidating prior art.
  • Companies should monitor related patent filings, particularly in jurisdictions beyond the US, to maintain freedom-to-operate.

FAQs

1. What are the primary strategic advantages of the broad claims in U.S. Patent 8,809,307?
Broad claims protect a wide chemical class and therapeutic approaches, preventing competitors from developing similar molecules or methods—thus extending market exclusivity and potential for licensing.

2. How does the patent landscape influence drug development around this patent?
A dense patent landscape, with overlapping claims from multiple entities, can pose barriers for new entrants, necessitating detailed freedom-to-operate analyses and possibly designing around existing patents.

3. Can the scope of claims in the ‘307 patent be challenged in courts?
Yes. If prior art demonstrates that the claimed compounds or methods are not novel or are obvious, challengers can seek invalidation—particularly under the patent’s broad claims.

4. How does the patent landscape impact licensing opportunities?
Owners of the ‘307 patent may license their rights to other firms, generating revenue and strategic alliances. Conversely, competitors may seek licenses or cross-licenses to access specific compound classes.

5. What future IP strategies should innovators consider related to this patent?
Innovators should focus on developing and patenting specific improvements, alternative formulations, or novel indications to carve out their own protected space within or around the existing patent landscape.


Sources
[1] United States Patent and Trademark Office, Patent No. 8,809,307.
[2] Patent landscape reports and related filings from public databases.
[3] Industry analyses of pharmaceutical patent trends.

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Drugs Protected by US Patent 8,809,307

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Bausch BRYHALI halobetasol propionate LOTION;TOPICAL 209355-001 Nov 6, 2018 RX Yes Yes 8,809,307 ⤷  Get Started Free Y ⤷  Get Started Free
Bausch DUOBRII halobetasol propionate; tazarotene LOTION;TOPICAL 209354-001 Apr 25, 2019 AB RX Yes Yes 8,809,307 ⤷  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 8,809,307

Country Patent Number Estimated Expiration Supplementary Protection Certificate SPC Country SPC Expiration
Australia 2011345240 ⤷  Get Started Free
Brazil 112013012476 ⤷  Get Started Free
Canada 2817524 ⤷  Get Started Free
Canada 3055328 ⤷  Get Started Free
China 103228281 ⤷  Get Started Free
European Patent Office 2643002 ⤷  Get Started Free
>Country >Patent Number >Estimated Expiration >Supplementary Protection Certificate >SPC Country >SPC Expiration

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