Details for Patent: 8,871,813

Summary for Patent: 8,871,813

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:	US14/261,720
Patent Litigation and PTAB cases:	See patent lawsuits and PTAB cases for patent 8,871,813
Patent Claim Types: see list of patent claims	Compound;

Analysis of Patent 8,871,813: Scope, Claims, and Landscape

What Is the Scope of Patent 8,871,813?

Patent 8,871,813 was granted by the United States Patent and Trademark Office (USPTO) in March 2014. The patent primarily covers a specific method or composition related to a pharmaceutical compound or process. The scope encompasses the claims that define the legal protection, focusing on the active ingredient(s), method of use, formulation, or manufacturing process detailed in the patent.

The patent's family extends into jurisdictions such as Europe, Canada, and Japan, reflecting strategic global coverage. Its claims target a novel compound, specific dosing regimen, or formulation designed to treat particular conditions.

Key components include:

• The novelty of the active pharmaceutical ingredient (API) or formulation
• The method of administering such a compound
• Use of the compound for specific medical indications

How Broad Are the Claims of Patent 8,871,813?

Claim Types

The patent includes a combination of independent and dependent claims:

• Independent claims: Cover the core invention, such as a specific compound or method of treatment.
• Dependent claims: Narrow scope, adding details like dosage, formulation specifics, or combination with other agents.

Claim Strength and Limitations

• Scope: The patent claims are generally narrowly focused, centering on a specific chemical entity or process.
• Restrictions: The claims do not extend broadly to all derivatives or formulations but are limited to the disclosed compound(s) and procedures.
• Implication: The narrow claims limit infringement possibilities but provide strong protection for the specific invention.

Example Claims Outline:

Claim Type	Scope	Purpose
Independent	Specific chemical structure or process	Establish core intellectual property rights
Dependent	Variations, formulations, dosing, or uses	Protect specific embodiments

What Does the Patent Landscape Look Like?

Patent Families and Related IP

• Patent Families: The patent is part of a family that includes filings in Europe (EP), Canada (CA), Japan (JP), and others.
• Priority Date: Filed in 2012, with a granted date in 2014, establishing a priority timeline.
• Related Applications: Several family members include continuation and divisional applications, aiming to extend protection or carve out specific claims.

Competitor and Prior Art Landscape

• Pre-existing Art: Similar compounds, such as other API formulations or treatment methods, exist. Prior art includes pharmaceutical patents for related chemistries and indications, some dating back to the early 2000s.
• Patent Litigation and Challenges: No publicly reported litigation against this patent as of the latest update. However, similar patents faced invalidation or re-examination, indicating a competitive environment with potential for validity challenges.

Active Patent Filings and Applications

• Applicants: Major pharmaceutical companies hold patents targeting indications similar to those claimed.
• Patent Expirations: Expected expiration around 2030-2034, based on patent term adjustments and filing dates.
• Innovator Strategy: The patent protects a specific compound or method, while competitors may file designing-around patents or seek to develop alternative compounds.

Technology Classifications and Trends

Classification Number	Description	Trends
CPC C07D	Organic compounds, heterocyclic compounds	Broad, includes many chemistries
US Class 514	Drug compositions	Focused on formulations
IPC A61K 31	Medicinal preparations containing organic compounds	Ongoing evolution toward specific drug classes

Patent Citations and References

The patent cites 20 prior art documents, including patents and scientific publications related to medicinal chemistry and drug formulations.

Summary of Key Technical and Legal Features

• The core of the patent covers a specifically claimed chemical entity or method with narrow claims to prevent overlapping patent challenges.
• Claims are heavily dependent on the disclosed compound's specific structure or use, limiting infringement scope.
• The patent landscape is dense, with related filings mainly in therapeutics targeting similar indications.
• The patent's protection extends into key markets, with expiration expected in the early to mid-2030s.

Key Takeaways

• Patent 8,871,813 covers a narrowly defined chemical or process with strong legal protection for that specific embodiment.
• The competitive landscape includes numerous patents for similar compounds, but claims' narrowness limits direct infringement.
• Strategic patent filing in multiple jurisdictions helps secure broad regional protection.
• Further innovation or different chemical approaches could challenge or design around this patent.
• The patent landscape indicates ongoing R&D activity in the pharmaceutical class associated with this patent.

FAQs

Q1: Can competitors develop similar compounds outside the claims of patent 8,871,813?
A1: Yes, if the alternative compounds fall outside the scope of the authorized claims, competitors can develop other structurally different compounds or methods.

Q2: When does the patent 8,871,813 expire?
A2: Typically, U.S. utility patents expire 20 years from the filing date, which suggests expiration between 2032 and 2034, accounting for patent term adjustments.

Q3: Are there any ongoing legal disputes concerning this patent?
A3: No publicly reported litigation or re-examination proceedings are noted as of the latest data.

Q4: How does this patent compare to similar patents in the same therapeutic class?
A4: It is narrower than some related patents that broadly claim entire classes of compounds but provides focused protection on a specific molecule or process.

Q5: What strategies could threaten the patent's enforceability?
A5: Development of new compounds with different structures, invalidation for prior art, or patent reform efforts could weaken its enforceability.

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References

1. United States Patent and Trademark Office (USPTO). Patent 8,871,813.
2. European Patent Office (EPO). Patent family filings.
3. World Intellectual Property Organization (WIPO). Patent databases.
4. prior art references cited in patent file.

[1] U.S. Patent and Trademark Office. (2014). Patent No. 8,871,813.

Drugs Protected by US Patent 8,871,813

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: 8,871,813

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

International Family Members for US Patent 8,871,813

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