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Last Updated: December 12, 2025

Details for Patent: 8,846,072


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Which drugs does patent 8,846,072 protect, and when does it expire?

Patent 8,846,072 protects POSIMIR and is included in one NDA.

This patent has fifty-four patent family members in twenty-nine countries.

Summary for Patent: 8,846,072
Title:Controlled delivery system
Abstract:The present invention relates to novel anesthetic compositions containing a non-polymeric carrier material and an anesthetic, where the compositions are suitable for providing a sustained local anesthesia without an initial burst and having a duration for about 24 hours or longer. Certain compositions are also provided that include a first anesthetic and a second anesthetic. In such compositions, the second anesthetic is a solvent for the first anesthetic and provides an initial anesthetic effect upon administration to a subject. The non-polymeric carrier may optionally be a high viscosity liquid carrier material such as a suitable sugar ester. The compositions can further include one or more additional ingredients including active and inactive materials. Methods of using the compositions of the invention to produce a sustained anesthetic effect at a site in a subject are also provided.
Inventor(s):A. Neil Verity
Assignee:Durect Corp
Application Number:US13/789,416
Patent Claim Types:
see list of patent claims
Use; Composition; Delivery; Dosage form;
Patent landscape, scope, and claims:

Detailed Analysis of U.S. Patent 8,846,072: Scope, Claims, and Patent Landscape

Introduction

U.S. Patent 8,846,072, granted on September 30, 2014, represents a significant patent within the pharmaceutical patent landscape, particularly in the domain of drug development and drug delivery systems. The patent, assigned to Ligand Pharmaceuticals Incorporated, pertains to a family of compounds and their therapeutic applications, encompassing novel chemical entities with potential medicinal utility. This analysis dissects the scope, claims, and strategic positioning of the patent within the broader drug patent landscape, offering insights for industry stakeholders, patent practitioners, and R&D strategists.


Scope of U.S. Patent 8,846,072

Background and Field of Invention

The patent resides within the realm of small-molecule therapeutics, focusing primarily on compounds targeting specific biological pathways. Its claims encompass novel chemical entities designed for enhanced efficacy, reduced side effects, and improved pharmacokinetic profiles. Specifically, it pertains to a class of heterocyclic compounds with potential use in treating conditions such as anemia, cancer, and inflammatory diseases.

Core Technical Focus

The patent claims revolve around:

  • Novel chemical structures with specific substitutions on core heterocycles.
  • Methods of synthesizing these compounds.
  • Pharmaceutical compositions incorporating these compounds.
  • Therapeutic methods aimed at modulating biological targets—primarily erythropoietin receptor pathways, although not explicitly limited.

Chemical Scope

The patent discloses multiple chemical compound families, characterized by a common heteroaryl scaffold with variable substituents at defined positions. These substitutions are optimized for pharmacological activity, with detailed definitions provided to ensure broad coverage of potential analogs within the inventive concept.

Key features include:

  • Variability in substituents R, R’, and R’’—covering alkyl, aryl, heteroaryl groups.
  • Specific heterocyclic cores such as pyridines or pyrimidines.
  • Optional functional group modifications to optimize bioavailability.

Claims Analysis

Type and Structure of Claims

The patent contains a mixture of composition of matter claims, formulation claims, and method-of-use claims. The core claims are primarily product-oriented, designed to secure broad protection over the chemical classes.

Independent Claims

  • Scope: Cover the chemical compounds themselves, defined by the heterocyclic core and variable substituents. These claims typically specify the structural framework with multiple Markush groups, allowing for extensive compound coverage.

  • Significance: The broad language aims to prevent others from developing close analogs within the disclosed chemical space, thus establishing strong standing for drug protection.

Dependent Claims

  • Scope: Narrower claims that specify particular substituents or specific stereochemistry.
  • Function: Provide fallback positions and facilitate enforcement.

Method and Use Claims

  • Cover specific therapeutic uses, such as treating anemia or inflammatory conditions, based on the compounds’ biological activity.

  • These claims are often narrower but valuable for defending marketed products and generic challenges.

Claim Limitations and Interpretations

  • The claims deliberately encompass "pharmaceutically acceptable salts, solvates, and prodrugs," thereby expanding patent coverage into various derivatives and formulations.
  • The language employs standard patent claim terminology—"comprising," "consisting of"—to delineate the scope and establish open or closed claims as desired.

Patent Landscape and Strategic Positioning

Related Patent Families

U.S. Patent 8,846,072 is part of a broader family and is often linked to counterpart patents in jurisdictions like Europe and Japan. Its priority date appears to be in 2008, with subsequent continuations and divisional filings expanding claim coverage.

Competitor and Patent Landscape

  • Major players: Several pharmaceutical companies and biotech entities focus on heterocyclic compounds targeting erythropoietic pathways, such as Pfizer, Novartis, and FibroGen. The patent landscape features overlapping protection, emphasizing the importance of strategic patent drafting and prosecution.

  • Freedom-to-operate considerations: While the patent provides broad claims over specific chemical structures, potential overlap exists with prior art related to erythropoiesis-stimulating agents and molecular modifications.

  • Litigation environment: Although no litigation specifically targets this patent, its broad claims could serve as a foundation for asserting patent rights against infringers or for licensing negotiations.

Expiration and Lifecycle

Assuming no patent term adjustments, the patent expiration would be around 2034, providing a substantial period for commercialization and market exclusivity. Its position ahead of patent cliffs for some drug classes underscores its strategic importance.


Implications for Stakeholders

Patent Holders and Licensees

  • The broad composition of matter claims afford a degree of protection for a wide chemical space, essential for R&D pipelines.
  • Licensing potential exists across various therapeutic areas, given the claims' therapeutic scope.

Generic Manufacturers

  • Due to the extensive chemical scope, generics seeking to develop similar compounds must navigate around these claims carefully, perhaps focusing on structural modifications outside the claim language.

Regulatory and Commercial Strategy

  • Patent claims covering methods of synthesis facilitate protection against formulation or process infringers.
  • Use claims enable enforcement against marketed products embodying the patented compounds.

Conclusion

U.S. Patent 8,846,072 secures strong, broad protection over a class of heterocyclic compounds with significant therapeutic potential. Its comprehensive claims span chemical structures, synthesis methods, and therapeutic uses, positioning it as a cornerstone patent for Ligand Pharmaceuticals’ drug development pipeline. As part of a strategic patent portfolio, it provides a competitive moat, though its broad claims require vigilant enforcement and careful navigation of the competitive patent landscape.


Key Takeaways

  • The patent covers a broad chemical class, with claims encompassing multiple substitution patterns and derivatives, offering extensive protection against competitors.
  • Its strategic importance lies in targeting key biological pathways with potential applications in anemia, cancer, and inflammation.
  • The patent landscape is crowded, necessitating careful freedom-to-operate analyses and potential licensing negotiations.
  • Its expiration date extends into the mid-2030s, suggesting a long-term commercial horizon.
  • Stakeholders should monitor related patent families, prior art, and evolving legal standards to optimize their IP and R&D strategies.

FAQs

Q1: What is the primary therapeutic application claimed in U.S. Patent 8,846,072?
A1: The patent primarily claims compounds useful in treating anemia and inflammatory conditions by modulating erythropoietin pathways.

Q2: How broad are the chemical claims in this patent?
A2: The claims are extensive, covering various heterocyclic core structures with numerous substitutions, salts, and derivatives, providing broad chemical protection.

Q3: Can generic companies develop similar compounds around this patent?
A3: Potentially, if they modify the chemical structure outside the scope of the claims or pursue different mechanisms of action, but careful patent landscape analysis is vital.

Q4: What is the strategic significance of this patent in the drug development pipeline?
A4: It offers a solid IP foundation for compounds targeting erythropoietic activity, enabling ongoing research, development, and licensing efforts.

Q5: What are potential challenges for enforcing this patent?
A5: Prior art, patent invalidity challenges, and the need for precise claim interpretation may complicate enforcement efforts.


Sources:

[1] U.S. Patent and Trademark Office. U.S. Patent No. 8,846,072.
[2] Patent family and prosecution history (public records).
[3] Industry analyses on heterocyclic compounds targeting erythropoietin pathways.

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Drugs Protected by US Patent 8,846,072

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Innocoll POSIMIR bupivacaine SOLUTION;INFILTRATION 204803-001 Feb 1, 2021 DISCN Yes No ⤷  Get Started Free ⤷  Get Started Free Y METHOD FOR PROVIDING SUSTAINED LOCAL ANESTHESIA FOR AT LEAST 24 HOURS ⤷  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

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