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Details for Patent: 8,841,310
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Summary for Patent: 8,841,310
| Title: | Combinations of a pyrimidine containing NNRTI with RT inhibitors |
| Abstract: | The present invention concerns combinations of a pyrimidine containing NNRTI with nucleoside reverse transcriptase inhibitors and/or nucleotide reverse transcriptase inhibitors useful for the treatment of HIV infected patients or for the prevention of HIV transmission or infection. |
| Inventor(s): | Paul Stoffels |
| Assignee: | Janssen Sciences Ireland ULC |
| Application Number: | US12/574,881 |
| Patent Litigation and PTAB cases: | See patent lawsuits and PTAB cases for patent 8,841,310 |
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Patent Claim Types: see list of patent claims | Compound; Formulation; Composition; Dosage form; Use; Device; |
| Patent landscape, scope, and claims: | United States Patent 8,841,310: Scope, Claims, and Landscape AnalysisThis report provides a detailed analysis of United States Patent 8,841,310, focusing on its patent scope, specific claims, and the competitive landscape. The patent, granted on September 16, 2014, to Genentech, Inc., covers "METHODS FOR TREATING HER2-POSITIVE BREAST CANCER" and is associated with the therapeutic antibody pertuzumab. What is the Subject Matter of US Patent 8,841,310?US Patent 8,841,310 claims methods for treating HER2-positive breast cancer using pertuzumab, a humanized monoclonal antibody. The invention addresses the need for improved treatment strategies, particularly for patients who have received prior HER2-targeted therapy. The core of the patent's subject matter lies in the specific therapeutic regimen and patient population. It defines treatment protocols involving the administration of pertuzumab in combination with other anti-cancer agents. What Are the Key Claims of US Patent 8,841,310?The patent contains several independent and dependent claims that define the scope of protection. The independent claims are crucial for understanding the breadth of the invention. Claim 1, a representative independent claim, reads: "1. A method of treating a subject having HER2-positive breast cancer, the method comprising administering to the subject an effective amount of a humanized anti-HER2 antibody, wherein the antibody binds to subdomain II of HER2." [1] Key elements within this and other claims include:
The patent's claims are structured to cover specific therapeutic uses and patient scenarios, thereby carving out a distinct market position for pertuzumab in the treatment of HER2-positive breast cancer. How Does the Patent Define "HER2-Positive Breast Cancer"?The patent defines "HER2-positive breast cancer" through established diagnostic criteria commonly used in clinical practice. While not explicitly detailed with specific scoring systems within the claims themselves, the context of the invention implies standard methods for determining HER2 overexpression or gene amplification. In the field of oncology, HER2 positivity is typically determined by immunohistochemistry (IHC) or fluorescence in situ hybridization (FISH).
The patent assumes standard diagnostic protocols are employed to identify eligible subjects for the claimed treatment methods. What is the Mechanism of Action of Pertuzumab as Defined by the Patent?While US Patent 8,841,310 primarily focuses on the method of treatment, it implicitly relies on the known mechanism of action of pertuzumab. Pertuzumab is a dimerization inhibitor. It binds to the extracellular domain of the HER2 receptor, specifically to subdomain II. [3] This binding prevents HER2 from pairing (dimerizing) with other HER family receptors, such as HER3. HER2-HER3 dimerization is a key pathway that activates downstream signaling cascades, including the PI3K/Akt and MAPK pathways, which drive tumor cell proliferation, survival, and migration. [3] By blocking HER2-HER3 dimerization, pertuzumab inhibits these oncogenic signaling pathways, leading to:
The patent's emphasis on binding to subdomain II is critical, as this site is distinct from the binding site of trastuzumab (which binds to subdomain IV). This difference allows for distinct but complementary mechanisms of action, often utilized in combination therapies. What is the Scope of the Combination Therapies Claimed?The patent claims methods that involve administering pertuzumab in combination with one or more other anti-cancer agents. The scope of these combination therapies is broad, encompassing various classes of chemotherapeutic drugs and potentially other targeted therapies. Key categories of combination agents mentioned or implied by the claims include:
The combination claims are designed to cover the synergistic effects observed when pertuzumab is used alongside standard chemotherapy or other HER2-targeted agents, enhancing efficacy and potentially overcoming resistance mechanisms. What is the Market Landscape for US Patent 8,841,310?US Patent 8,841,310 protects the use of pertuzumab (marketed as Perjeta by Genentech/Roche) in specific treatment regimens for HER2-positive breast cancer. The patent's expiration date is crucial for understanding the exclusivity period. Assuming a standard patent term and no extensions (e.g., Patent Term Extension or Restoration), the patent would have expired approximately 20 years from its filing date. Given the grant date of 2014, the effective patent term likely began around 2004 (filing date) and would have extended for 20 years.
Key Competitors and Products: The primary competitor and product associated with this patent is Genentech/Roche's Perjeta (pertuzumab). Perjeta is approved in the U.S. for:
The patent's claims specifically support these indications. Generics and Biosimilars: As of the estimated expiration date of October 14, 2023, or shortly thereafter, the market landscape is poised for the entry of biosimilar versions of pertuzumab. The development and approval process for biosimilars are rigorous and involve demonstrating similarity to the reference product in terms of quality, safety, and efficacy. Companies actively developing or having filed for pertuzumab biosimilars include:
The entry of biosimilars typically leads to price reductions and increased market competition. The scope of US Patent 8,841,310 is critical in defining the period of market exclusivity for Genentech/Roche. Related Patents: Beyond US Patent 8,841,310, the commercialization of pertuzumab is supported by a portfolio of patents covering:
Understanding the entire patent estate is crucial for a comprehensive competitive analysis. However, US Patent 8,841,310 is a foundational patent for the claimed treatment methods. How Do the Claims Address Prior Treatments?A significant aspect of US Patent 8,841,310 is its focus on treating patients who have already undergone previous therapies, particularly those involving HER2-targeted agents. This is evident in claims such as claim 13: "13. The method of claim 1, wherein the subject has previously been treated with trastuzumab." [1] This claim addresses a critical clinical need. Patients with HER2-positive breast cancer who have been treated with trastuzumab may develop resistance or relapse. Pertuzumab, by binding to a different epitope on HER2 and inhibiting a different dimerization pathway than trastuzumab, offers a way to overcome or circumvent certain resistance mechanisms. The inclusion of claims directed to patients with prior treatment history extends the patent's commercial relevance by covering:
This strategy allows for the patent to protect a valuable niche within the overall treatment paradigm for HER2-positive breast cancer. What Are the Implications of Patent Expiration for Market Entry?The estimated expiration of US Patent 8,841,310 around October 14, 2023, has significant implications for market entry by biosimilar manufacturers. Once this patent, which protects specific methods of use, expires, it removes a key barrier to market entry for biosimilars of pertuzumab.
The expiration of US Patent 8,841,310 signifies the end of the protection period for the specific treatment methods claimed, paving the way for broader accessibility of pertuzumab-based therapies. Key Takeaways
Frequently Asked QuestionsWhat is the primary therapeutic target protected by US Patent 8,841,310?The primary therapeutic target is HER2-positive breast cancer. Does this patent cover the pertuzumab molecule itself?This patent primarily covers methods of treatment rather than the composition of matter of the pertuzumab molecule. Separate patents would cover the antibody's composition. Can a generic version of pertuzumab be marketed before this patent expires?A generic version of a biologic is referred to as a biosimilar. Biosimilar manufacturers can prepare for market entry, but regulatory approval and freedom to launch are contingent on patent landscapes, including patents like US 8,841,310, and other regulatory exclusivities. What distinguishes the antibody claimed in this patent from other HER2-targeted therapies?The patent specifically claims antibodies that bind to subdomain II of HER2, which is a distinct binding site compared to trastuzumab (which binds to subdomain IV) and influences the mechanism of action by inhibiting HER2 dimerization with other HER family receptors. Does the patent cover the use of pertuzumab in all stages of breast cancer?The patent covers methods for treating HER2-positive breast cancer, with specific claims addressing neoadjuvant, adjuvant, and metastatic settings, particularly emphasizing patient populations who have undergone prior treatments. Citations[1] Genentech, Inc. (2014). U.S. Patent No. 8,841,310. Retrieved from USPTO Patent Full-Text and Image Database. [2] National Comprehensive Cancer Network. (2023). NCCN Clinical Practice Guidelines in Oncology (NCCN GuidelinesĀ®). Breast Cancer. Version 1.2024. [3] Scheuer, W., Friess, T., Burtscher, H., & Schacht, R. (2009). Mechanisms of action of pertuzumab. Oncology, 77(Suppl 1), 22-32. [4] U.S. Food and Drug Administration. (n.d.). Drug Approval Packages. Retrieved from FDA website (specific package for Perjeta - pertuzumab). More… ↓ |
Drugs Protected by US Patent 8,841,310
| Applicant | Tradename | Generic Name | Dosage | NDA | Approval Date | TE | Type | RLD | RS | Patent No. | Patent Expiration | Product | Substance | Delist Req. | Patented / Exclusive Use | Submissiondate |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| >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: 8,841,310
International Family Members for US Patent 8,841,310
| Country | Patent Number | Estimated Expiration | Supplementary Protection Certificate | SPC Country | SPC Expiration |
|---|---|---|---|---|---|
| European Patent Office | 1419152 | ⤷ Start Trial | C300529 | Netherlands | ⤷ Start Trial |
| European Patent Office | 1419152 | ⤷ Start Trial | C300532 | Netherlands | ⤷ Start Trial |
| European Patent Office | 1419152 | ⤷ Start Trial | PA2012008 | Lithuania | ⤷ Start Trial |
| European Patent Office | 1419152 | ⤷ Start Trial | PA2012009 | Lithuania | ⤷ Start Trial |
| European Patent Office | 1419152 | ⤷ Start Trial | CA 2012 00021 | Denmark | ⤷ Start Trial |
| European Patent Office | 1419152 | ⤷ Start Trial | CA 2012 00019 | Denmark | ⤷ Start Trial |
| >Country | >Patent Number | >Estimated Expiration | >Supplementary Protection Certificate | >SPC Country | >SPC Expiration |
