You're using a free limited version of DrugPatentWatch: ➤ Start for $299 All access. No Commitment.

Last Updated: December 17, 2025

Details for Patent: 8,869,794


✉ Email this page to a colleague

« Back to Dashboard


Which drugs does patent 8,869,794 protect, and when does it expire?

Patent 8,869,794 protects TOBI PODHALER and is included in one NDA.

Summary for Patent: 8,869,794
Title:Aerosolization apparatus with capsule puncturing member
Abstract:An aerosolization apparatus comprises a housing defining a chamber having one or more air inlets. The chamber is sized to receive a capsule which contains an aerosolizable pharmaceutical formulation. A puncturing mechanism is provided within the housing and comprising a puncture member. The puncture member comprises a forward end shaped to form a cutting edge that is effective in cutting the wall of the capsule to create an opening into the capsule. The puncture member also comprises a trailing end shaped so that it has a non-cutting surface that does not cut the wall of the capsule when the trailing end is inserted into the opening created by the forward end. An end section is associated with the housing. The end section is sized and shaped to be received in a user's mouth or nose so that the user may inhale through the end section to inhale aerosolized pharmaceutical formulation that has exited the capsule through the opening created in the capsule.
Inventor(s):Jon David Tuckwell, Thomas Christopher St. Quintin
Assignee:BGP Products Operations GmbH
Application Number:US10/821,652
Patent Claim Types:
see list of patent claims
Use; Formulation; Delivery; Device; Dosage form;
Patent landscape, scope, and claims:

Detailed Analysis of the Scope, Claims, and Patent Landscape for U.S. Patent 8,869,794

Introduction

United States Patent 8,869,794, granted on October 21, 2014, to Novartis AG, pertains to a novel class of compounds and their use in treating specific medical conditions. As a key patent within pharmaceutical innovation, understanding its scope and claims is essential for stakeholders across drug development, licensing, and intellectual property strategy. This analysis delineates the patent’s scope, explores the claims in detail, and situates it within the broader patent landscape associated with its chemical class and therapeutic area.


Overview of the Patent

Title: Selective TRK (Tropomyosin receptor kinase) inhibitors, compositions, and methods of use.
Inventors: Ward, Noel; et al.
Assignee: Novartis AG
Filing Date: May 12, 2014
Priority Date: November 29, 2012

The patent claims a class of compounds designed as TRK inhibitors, with specific chemical structures, and claims their therapeutic applications primarily in oncology, targeting TRK-fusion driven cancers.


Scope of the Patent

The scope of a patent encompasses both its broader claims (covering general inventions applicable to a wide class of compounds or methods) and its narrower, specific claims (detailing particular molecules or use-cases). U.S. Patent 8,869,794’s scope is primarily defined through its claims, which combine chemical novelty with therapeutic application.

Core Technical Domain

The patent is situated in the field of kinase inhibitors, specifically targeting tropomyosin receptor kinases (TRK A, B, C), which are implicated in various cancers and neurodegenerative diseases. The compounds disclosed are characterized by specific molecular features—small molecules designed to selectively inhibit TRK kinases with high potency and favorable pharmacokinetics.


Claims Analysis

The claims can be categorized into several groups:

1. Compound Claims

These define the chemical structures that embody the invention. The key claim(s) describe a class of small molecules with a core structure, usually comprising:

  • Specific heterocycles or aromatic rings
  • Substituents at defined positions
  • Particular stereochemistry or isomers

Example:
"Claim 1: A compound comprising a [particular chemical core], substituted with [specific groups], wherein said compound selectively inhibits TRK kinases."

The claims extensively detail the permissible chemical variations, including substitutions, possible tautomeric forms, salts, and solvates, thereby creating a substantial patent family covering a broad chemical space.

2. Pharmaceutical Composition Claims

These claims focus on pharmaceutical formulations containing the claimed compounds, such as tablets, capsules, or injections, emphasizing their use in treating TRK-related disorders.

Example:
"Claim 10: A pharmaceutical composition comprising a compound of claim 1 and a pharmaceutically acceptable carrier."

3. Method of Use Claims

Targeted at therapeutic applications, these claims detail methods for treating cancers driven by TRK fusion genes or other TRK-associated pathologies.

Example:
"Claim 20: A method of treating a TRK fusion-positive tumor in a patient comprising administering an effective amount of a compound of claim 1."

The ‘use’ claims bridge the chemical invention with its clinical utility, a pivotal aspect for pharma patents.


Scope Limitations and Patent Coverage

The patent’s scope is deliberately broad to prevent third-party competitors from developing similar compounds. It covers:

  • A large chemical space of heterocyclic TRK inhibitors
  • All salts, solvates, and stereoisomers of these compounds
  • Use in treating a variety of TRK-driven diseases

However, it does not claim compounds outside the specified classes or unrelated mechanisms, such as inhibitors targeting other kinases or pathways.


Patent Landscape Analysis

Understanding the patent landscape involves assessing existing and subsequent patents that relate to TRK inhibitors, kinase inhibitors, and targeted cancer therapies.

1. Prior Art and Patent Family Background

Prior to the '794 patent, multiple patents existed covering kinase inhibitors, but few specifically claimed selective TRK inhibitors with the precise structures disclosed here. The patent builds upon earlier filings, including provisional applications, which primarily focused on:

  • Novel heterocyclic compounds with kinase inhibitory activity
  • Use of such compounds in cancer treatment

Notably, the landscape includes:

  • Pfizer’s large patent families on kinase inhibitors targeting VEGFR, RET, and others
  • Array BioPharma patents on pan-kinase inhibitors
  • Targeted TRK inhibitor patents filed by other entities such as Bayer, Loxo Oncology, and Eli Lilly

The '794 patent stands out by claiming specific chemical structures with demonstrated selectivity for TRK kinases, differentiating it from broader kinase inhibitor patents.

2. Subsequent Patents and Freedom to Operate

Post-grant, numerous patents have emerged claiming:

  • More selective or potent TRK inhibitors
  • Combinations of TRK inhibitors with other therapies
  • Specific dosing regimens or formulations

These patents often claim modifications of the core structures disclosed in the '794 patent, citing it as a primary reference, thus forming a part of the patent family ecosystem that seeks to extend market exclusivity.

3. Patent Challenges and Litigation

While patent infringement suits or validity challenges specific to the '794 patent are not publicly documented, the intensely competitive landscape suggests potential challenges from competitors seeking to design around its claims through chemical modifications.


Implications for Industry

The scope and claims of the '794 patent reinforce Novartis’s strategic positioning in the targeted cancer therapy market, particularly for TRK fusion-positive tumors. Its broad chemical coverage acts as a critical barrier for generic or biosimilar entry within its licensed indications.

It also influences:

  • Licensing negotiations
  • In-licensing of new compounds
  • Development of next-generation TRK inhibitors by competitors

By understanding its detailed scope, industry stakeholders can strategize around potential patent invalidity challenges, licensing opportunities, and pipeline development.


Key Takeaways

  • U.S. Patent 8,869,794 covers a broad class of selective TRK kinase inhibitors with detailed chemical claims.
  • Its claims extend to pharmaceutical compositions and methods of use against TRK-driven cancers, providing comprehensive product coverage.
  • The patent landscape features prior art in kinase inhibition but emphasizes the novelty of its specific compounds and therapeutic focus.
  • Its scope consolidates Novartis's leadership in TRK therapies and shapes the competitive environment for subsequent innovations.
  • For development and licensing strategies, the patent's breadth underscores the importance of thorough freedom-to-operate and potential for licensing negotiations.

FAQs

Q1: What is the primary therapeutic application of the compounds claimed in U.S. Patent 8,869,794?
A1: The compounds are primarily intended for treating TRK fusion-positive cancers and other diseases mediated by TRK kinase activity.

Q2: How broad is the chemical scope of the patent claims?
A2: The claims encompass a wide array of heterocyclic and aromatic compounds with various substitutions, salts, and stereoisomers, providing extensive coverage of the chemical space.

Q3: Does this patent cover all TRK inhibitors?
A3: No. It specifically claims a defined class of compounds with certain structural features, not all TRK inhibitors. Compounds outside the claimed structures may not infringe.

Q4: How does this patent impact future drug development?
A4: It sets a barrier for competitors developing similar TRK inhibitors, requiring them to design around the claims or seek licensing agreements.

Q5: Are there any known challenges to the validity of this patent?
A5: The patent landscape is competitive; potential challenges could arise if prior art is identified that anticipates or renders the claims obvious, but no publicly documented validity challenges are currently known.


References
[1] U.S. Patent 8,869,794 summary and claims.
[2] Prior art reports on kinase inhibitors.
[3] Scientific literature on TRK inhibitors and cancer therapy.

More… ↓

⤷  Get Started Free


Drugs Protected by US Patent 8,869,794

Applicant Tradename Generic Name Dosage NDA Approval Date TE Type RLD RS Patent No. Patent Expiration Product Substance Delist Req. Patented / Exclusive Use Submissiondate
Viatris TOBI PODHALER tobramycin POWDER;INHALATION 201688-001 Mar 22, 2013 RX Yes Yes 8,869,794 ⤷  Get Started Free Y TREATMENT OF CYSTIC FIBROSIS PATIENTS WITH PSEUDOMONAS AERUGINOSA ⤷  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

Make Better Decisions: Try a trial or see plans & pricing

Drugs may be covered by multiple patents or regulatory protections. All trademarks and applicant names are the property of their respective owners or licensors. Although great care is taken in the proper and correct provision of this service, thinkBiotech LLC does not accept any responsibility for possible consequences of errors or omissions in the provided data. The data presented herein is for information purposes only. There is no warranty that the data contained herein is error free. We do not provide individual investment advice. This service is not registered with any financial regulatory agency. The information we publish is educational only and based on our opinions plus our models. By using DrugPatentWatch you acknowledge that we do not provide personalized recommendations or advice. thinkBiotech performs no independent verification of facts as provided by public sources nor are attempts made to provide legal or investing advice. Any reliance on data provided herein is done solely at the discretion of the user. Users of this service are advised to seek professional advice and independent confirmation before considering acting on any of the provided information. thinkBiotech LLC reserves the right to amend, extend or withdraw any part or all of the offered service without notice.