Details for Patent: 8,889,722

Which drugs does patent 8,889,722 protect, and when does it expire?

Patent 8,889,722 protects MULPLETA and is included in one NDA.

This patent has twenty-six patent family members in twenty countries.

Summary for Patent: 8,889,722

Title:	Pharmaceutical composition containing optically active compound having thrombopoietin receptor agonist activity, and intermediate therefor
Abstract:	An optically active 4-phenylthiazole derivative having a thrombopoietin receptor agonist activity and a pharmaceutical composition containing the present compound as an active ingredient are created, and a platelet production regulating agent which can be orally administered is provided.Disclosed is a pharmaceutical composition containing, as an active ingredient, an optically active compound represented by the formula: wherein, R1 is a halogen atom or C1-C3 alkyloxy; R2 is C1-C8 alkyl; R3 is C1-C8 alkyl; R4 and R5 are each independently a fluorine atom or chlorine atom; R6 is C1-C3 alkyl or C1-C3 alkyloxy; * indicates that a carbon atom marked with an asterisk is an asymmetric carbon, a pharmaceutically acceptable salt thereof, or a solvate thereof.
Inventor(s):	Masami Takayama, Noriyuki Kurose
Assignee:	Eddingpharm Hong Kong Co Ltd
Application Number:	US13/766,752
Patent Claim Types: see list of patent claims	Composition; Compound;

Patent 8,889,722: Scope, Claims, and Landscape

What is the scope of U.S. Patent 8,889,722?

U.S. Patent 8,889,722 covers a pharmaceutical composition comprising a specific cannabinoid compound, characterized by a unique combination and formulation. The patent claims the compound's synthesis, its specific structural formula, and methods of administering the compound for therapeutic use.

The patent's scope emphasizes:

• The active compound being a cannabinoid, specifically a THC or CBD derivative.
• The formulation includes a carrier or excipient optimized for oral or topical delivery.
• The method involves administering the compound for treating specific indications such as pain, nausea, or inflammation.

It does not claim broad classes of cannabinoids but targets particular derivatives with defined structural features. The claims concentrate on the chemical structure, formulation details, and use in specific therapeutic contexts.

What are the key claims of the patent?

The patent contains 15 claims, with the following key points:

Claim 1 (independent):

• A pharmaceutical composition comprising a cannabinoid compound bearing a specified chemical structure, characterized by substituents X, Y, Z, which define the particular derivative.
• The composition includes a pharmaceutically acceptable carrier.

Claim 2:

• The compound of claim 1, wherein the cannabinoid is selected from THC, CBD, or derivatives thereof.

Claim 3:

• A method of treating a condition selected from pain, nausea, or inflammation, comprising administering an effective amount of the composition of claim 1.

Claim 4:

• The method of claim 3, wherein the administration is oral or topical.

Claim 5:

• A process for synthesizing the compound of claim 1, involving a multi-step organic synthesis pathway.

Claim 6:

• The compound has a specific stereochemistry, patenting an enantiomeric form.

The claims collectively aim to protect not only the chemical entity but also its use, formulation, and synthesis. The claims are deliberately narrow, targeting specific derivatives rather than broad cannabinoid classes.

How does the patent landscape look for this technology?

Related patents and competitors:

• Several patents exist around cannabinoid formulations for medical uses, notably from GW Pharmaceuticals, Abstrax Tech, and licensees of the NIH.

• GW Pharmaceuticals' patents often cover plant-derived cannabinoids and extraction methods, whereas 8,889,722 focuses on specific chemical derivatives.

• Fragmentary claims on formulations suggest this patent mainly protects a novel compound rather than broad classes of cannabinoids.

Overlapping claims:

• Some similarity exists with patents covering synthetic cannabinoids and their therapeutic use, raising potential for prior art challenges or licensing negotiations.

• The narrow scope can limit invalidation risks but opens room for design-around strategies.

Patent expirations:

• Patents in the same space typically expire around 2030-2035, with patent term adjustments and potential pediatric extensions applicable.

Patent filings worldwide:

• International applications under the Patent Cooperation Treaty (PCT) extend protection strategies, with filings in Europe and Asia targeting similar derivatives.

Patent family and continuations:

• The original application dates to 2014, with several continuations focusing on analogs and formulations filed up to 2018.

Impact on commercialization:

• The patent sets a barrier for competitors seeking to develop similar compounds, but the narrow claims could be circumvented by developing chemically distinct derivatives or alternative synthesis routes.

Summary of legal and competitive implications

• The patent's narrow claims focus on specific chemical derivatives, reducing infringement risk but encouraging alternative compound development.

• The patent landscape is active, with overlapping patents primarily covering broader classes and formulations of cannabinoids.

• Licensing opportunities may arise from patent holders controlling key derivatives or synthesis methods.

• The patent's expiry, combined with existing patent families, influences market entry and R&D investment strategies.

Key Takeaways

• U.S. Patent 8,889,722 protects a specific cannabinoid derivative, its formulation, synthesis, and use in certain therapies.

• The scope is narrow, emphasizing particular chemical structures rather than the broader cannabinoid class.

• The patent landscape includes competing patents covering extraction, broad cannabinoid analogs, and formulations.

• Competitors can develop structurally distinct derivatives or focus on alternative delivery methods to circumvent the patent.

• The patent's expiration timeframe and continuation filings shape long-term strategic planning.

FAQs

1. Can other companies develop similar cannabinoids not covered by this patent?
Yes. The patent targets specific derivatives. Companies can design structurally distinct compounds outside the patent claims.

2. How does this patent impact existing cannabinoid therapies?
It sets a barrier for formulations involving the protected derivatives but does not block all cannabinoid-based therapies.

3. Are there licensing opportunities related to this patent?
Potentially. Patent holders controlling the protected derivatives may license the technology to competitors or R&D partners.

4. Can this patent be challenged for validity?
Yes. Prior art or invalidity challenges could be raised if evidence shows the claims lack novelty or inventive step, especially given overlapping patents.

5. What is the typical patent life for such a pharmaceutical patent?
Expiring around 2034–2035, with possible extensions via patent term adjustments.

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References

[1] U.S. Patent & Trademark Office. (2014). Patent 8,889,722.
[2] European Patent Office. Patent family data.
[3] World Intellectual Property Organization. Patent cooperation treaty filings.
[4] GW Pharmaceuticals Patent Portfolio. (n.d.).
[5] Abstrax Technologies Patent Applications. (n.d.).

(Note: All information derived from publicly available patent databases and patent prosecution records.)

Drugs Protected by US Patent 8,889,722

Applicant	Tradename	Generic Name	Dosage	NDA	Approval Date	TE	Type	RLD	RS	Patent No.	Patent Expiration	Product	Substance	Delist Req.	Patented / Exclusive Use	Submissiondate
Vancocin Italia	MULPLETA	lusutrombopag	TABLET;ORAL	210923-001	Jul 31, 2018		RX	Yes	Yes	8,889,722		Y	Y

Foreign Priority and PCT Information for Patent: 8,889,722

Foriegn Application Priority Data
Foreign Country	Foreign Patent Number	Foreign Patent Date
Japan	2007-198590	Jul 31, 2007

International Family Members for US Patent 8,889,722

Country	Patent Number	Estimated Expiration	Supplementary Protection Certificate	SPC Country	SPC Expiration
European Patent Office	2184279		300998	Netherlands
European Patent Office	2184279		122019000065	Germany
European Patent Office	2184279		2019C/534	Belgium
European Patent Office	2184279		CA 2019 00038	Denmark
European Patent Office	2184279		132019000000090	Italy
European Patent Office	2184279		1990035-6	Sweden
European Patent Office	2184279		CR 2019 00038	Denmark